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VALUE RENT-A-CAR, INC. v. GRACE

No. 2D00-2843.

794 So.2d 619 (2001)

VALUE RENT-A-CAR, INC., Appellant, v. Colin GRACE, Sr., Appellee.

District Court of Appeal of Florida, Second District.

March 14, 2001.

Attorney(s) appearing for the Case

Jeffrey D. Kottkamp of Henderson, Franklin, Starnes & Holt, Fort Myers, for Appellant.

Kenneth J. Sobel of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Fort Lauderdale, for Appellee.

STRINGER, Judge.

Value Rent-A-Car appeals the dismissal of its indemnity suit, with prejudice. Because the complaint in this case states a cause of action, we reverse.

On December 19, 1996, appellee, Colin Grace, Sr., rented a vehicle from Value Rent-A-Car and executed a rental agreement which contained the following indemnification clause:

INDEMNIFICATION: I AGREE TO DEFEND, INDEMNIFY AND HOLD YOU HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS...

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