HOLYOKE MUT. INS., ETC. v. CONCRETE EQUIPMENT

No. 80-825.

394 So.2d 193 (1981)

HOLYOKE MUTUAL INSURANCE COMPANY IN SALEM, a/s/o ABC Pools, Inc., and ABC Pools, Inc., Individually, Appellants, v. CONCRETE EQUIPMENT, INC., Appellee.

District Court of Appeal of Florida, Third District.

February 17, 1981.


Attorney(s) appearing for the Case

Pyszka & Kessler, P.A. and John C. Hamilton, Miami, for appellants.

Batchelor, Brodnax, Guthrie, Armstrong & Freyer and Alvaro L. Mejer, Miami, for appellee.

Before HUBBART, C.J., and SCHWARTZ and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

Holyoke Mutual Insurance Company paid its insured, ABC Pools, Inc., for damages to ABC's property allegedly caused by a defective product sold to ABC by Concrete Equipment, Inc. Under the terms of the insurance policy and by operation of law, see, e.g., Rebozo v. Royal Indemnity Company, 369 So.2d 644 (Fla. 3d DCA 1979), Holyoke became subrogated to the cause of action, if any, which ABC had against...

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