U.S. FIRE INS. CO. v. HAYDEN BONDED STORAGE

No. 4D05-4.

930 So.2d 686 (2006)

UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. HAYDEN BONDED STORAGE COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 29, 2006.


Attorney(s) appearing for the Case

Mitchell L. Shadowitz of Shadowitz Associates, P.A., Boca Raton, for appellant.

Heidi M. Roth of Heidi M. Roth, P.A., Coral Gables, for appellee.


SWEET, GARY L., Associate Judge.

The salient issue in this appeal is whether an insurer/indemnitor, which has no duty to defend its insured, but is alleged to have breached its duty to indemnify, may be bound by a Coblentz1 settlement agreement/consent judgment negotiated by its insured/indemnitee and the claimant. The court below found such a breach and bound the insurer. Because there...

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