Government Employees Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Government Employees Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Opinion of the Court
Plaintiff, Government Employees Insurance Company, has appealed from a final judgment dismissing its complaint.
Government Employees was liability insurer for Lucky Frady, and State Farm was liability insurer for William Albert Lindsey, Jr., on February 11, 1967, when Norris Owens, a passenger in the Lindsey automobile, was injured in a collision with the Frady car. Owens sued Lindsey and Frady and recovered a judgment against both. Government Employees’ offer to pay 50% of the judgment was refused, and writ of garnishment was issued against it. After paying the limits of its liability, $10,255.40 on the total judgment of $14,360.10, Government Employees brought this action against State Farm seeking contribution.
Appellant poses only one point on appeal: Is an automobile liability insurance carrier entitled to contribution from another automobile liability insurance carrier when it has been forced to pay more than its share of a common and equal burden?
Appellant contends that Owens was a third party beneficiary to both policies,
The law in this State recognizes the general rule denying contribution between joint tort-feasors. A policy of liability insurance is a contract to save harmless, within the limits of the policy, the covered insured when as a tort-feasor he becomes liable to injured third parties. This Court is not inclined to extend the terms of such policies to impose a larger liability upon an insurer than its insured could be forced to bear. Since tort-feasors are jointly and severally liable, and an injured party after obtaining judgment against multiple defendants may select the one he desires to subject to execution, the carrier must bear the same inequitable burden as is borne by its insured.
Owens here caused writ of execution to be issued against defendant Frady and a writ of garnishment to be served on Government Employees who paid $10,255.40. Lindsey’s maximum liability is now only $4,305.00 on the total judgment. To hold that the liability of State Farm exceeds that of Lindsey is tantamount to rewriting the policy.
The Shingleton v. Bussey
We hold that an insurance company who has paid a judgment on behalf of its insured, who is a joint tort-feasor, is in no better position to claim contribution than is its insured.
Affirmed;
. Shingleton v. Bussey, 223 So.2d 713 (Fla. 1969), and Beta Eta House Corp. V. Gregory, 230 So.2d 496 (Fla.App.lst 1970).
. Sellers v. U. S. Fidelity & Guaranty Co., 185 So.2d 689 (Fla. 1966).
. Shingleton v. Bussey, ob. oit. supra, note 1.
.Sellers v. U.S. Fidelity & Guaranty Co., ob. oit. supra, note 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.