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CONTINENTAL INS. CO. v. CITY OF MIAMI BEACH

No. 87-80.

521 So.2d 232 (1988)

CONTINENTAL INSURANCE COMPANY, Appellant, v. CITY OF MIAMI BEACH, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1988.

Attorney(s) appearing for the Case

Corlett, Killian, Hardeman, McIntosh & Levi and Robert A. Mercer, Miami, for appellant.

Gaebe, Murphy & Mullen and Michael Murphy, Coral Gables, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

We affirm a summary judgment entered in favor of the insured city. The trial court in effect found that, as a matter of law, the city did not mutually agree to the appointment of an independent counsel to defend an action against the city pursuant to the provisions of Section 627.426(2)(b)(3), Florida Statutes (1985). An underlying action was brought by one Reilly, against the city. The city served a copy of the complaint on its carrier, Continental. Continental...

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