Keller Industries, Inc. v. Emp. Mut. Liab. Ins. Co.
Cases that cite this one
28 later published cases cite this decision. The 24 that cite it most often are listed here.
- Jacob Horn v. Liberty Insurance Underwriters, Inc. (11th Cir. 2021)
- Horn v. Liberty Ins. Underwriters, Inc. (United States District Court for the Southern District of Florida 2019)
- Highland Holdings, Inc. v. Mid-Continent Casualty Company (11th Cir. 2017)
- Metro. Dade Cty. v. Fla. Aviation Fueling Co., Inc. (Fla. Dist. Ct. App. 1991)
- Liberty Mutual Fire Insurance Company v. State Farm Florida Insurance Company (11th Cir. 2022)
- Jodi Jacobs v. Mid-Continent Casualty Company (11th Cir. 2022)
- QBE Specialty Insurance Company v. Scrap Inc. (11th Cir. 2020)
- The Peninsula at St. John's Center Condominium Association, Inc. v. Amerisure Insurance Company (United States District Court for the Middle District of Florida 2025)
- Bradfield v. Mid-Continent Casualty Co. (United States District Court for the Middle District of Florida 2015)
- Sinni v. Scottsdale Insurance (United States District Court for the Middle District of Florida 2010)
- American Casualty Co. v. Health Care Indemnity, Inc. (United States District Court for the Middle District of Florida 2009)
- Travelers Indemnity Co. v. Royal Oak Enterprises, Inc. (United States District Court for the Middle District of Florida 2004)
- Adolfo House Distributing Corp. v. Travelers Property & Casualty Insurance (United States District Court for the Southern District of Florida 2001)
- McCreary v. FLA. RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION (Fla. Dist. Ct. App. 2000)
- Vermont Insurance Management, Inc. v. Lumbermens' Mutual Casualty Co. (Vt. 2000)
- Northwest Pump & Equipment Co. v. American States Insurance (Or. Ct. App. 1996)
- Illinois Ins. Exchange v. SCOTTSDALE INS. (Fla. Dist. Ct. App. 1996)
- Marr Investments, Inc. v. Greco (Fla. Dist. Ct. App. 1993)
- FIDELITY & CAS. CO., NY v. Mobay Chemical Corp. (Ill. App. Ct. 1993)
- Camp Dresser & McKee, Inc. v. Home Insurance (Mass. App. Ct. 1991)
- Prudential Property & Casualty Insurance v. Calvo (United States District Court for the Southern District of Florida 1988)
- Reinman, Inc. v. Preferred Mutual Ins. Co. (Fla. Dist. Ct. App. 1987)
- Carrousel Concessions v. Florida Ins. Guar. (Fla. Dist. Ct. App. 1986)
- Florida Ins. Guar. Ass'n v. Giordano (Fla. Dist. Ct. App. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
KELLER INDUSTRIES, INC., a Florida Corporation, Appellant,
v.
EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY of Wisconsin, Appellee.
District Court of Appeal of Florida, Third District.
*780 Levine, Reckson, Reed & Geiger and Robert S. Geiger, Miami, for appellant.
Pyszka & Kessler, Greene & Cooper and Joan M. Bolotin, Miami, for appellee.
Before HENDRY, BASKIN and FERGUSON, JJ.
HENDRY, Judge.
Appeal is taken from the final judgment in a declaratory judgment action where the trial court, sitting as trier of fact, awarded appellant Keller Industries $18,540.71 in attorney's fees but denied Keller damages under the contract of insurance. We affirm the final judgment upon a holding that: (1) as the party claiming coverage, Keller had the burden, which it failed to carry, to apportion damages and show that the settlement, or portions thereof, represented costs that fell within the coverage provisions of the policy, Jones v. Holiday Inns, Inc., 407 So.2d 1032 (Fla. 1st DCA 1981), petition for rev. denied, 417 So.2d 329 (Fla. 1982); Aetna Insurance Co. v. Waco Scaffold & Shoring Co., Inc., 370 So.2d 1149 (Fla. 4th DCA 1978), cert. denied, 368 So.2d 1375 (Fla. 1979); Universal Underwriters Insurance Corp. v. Reynolds, 129 So.2d 689 (Fla. 2d DCA 1961), (2) the record on appeal contains substantial, albeit conflicting, evidence to support the trial court's finding that the sum paid by Keller to settle the underlying lawsuit was attributable to the cost of replacing and repairing defective products and workmanship, items excluded under the policy provisions, rather than expenses for personal injury or property damage resulting from the defective product, Strawgate v. Turner, 339 So.2d 1112 (Fla. 1976); Neimark v. Abramson, 403 So.2d 1057 (Fla. 3d DCA 1981); Atkins v. Keller, 400 So.2d 168 (Fla. 3d DCA), petition for rev. denied, 411 So.2d 380 (Fla. 1981); see LaMarche v. Shelby Mutual Insurance Co., 390 So.2d 325 (Fla. 1980), and (3) an unjustified failure to defend does not require the insurer to pay a settlement where no coverage exists, Aetna Insurance Co. v. Waco Scaffold & Shoring Co., Inc., supra; *781 Stevens v. Horne, 325 So.2d 459 (Fla. 4th DCA 1975).
However, as the duty to defend is more extensive than the duty to indemnify, and some allegations in the complaint arguably fell within coverage of the policy, the trial court properly granted Keller attorney's fees for the insurer's unjustified refusal to defend. Florida Farm Bureau Mutual Insurance Co. v. Rice, 393 So.2d 552 (Fla. 1st DCA 1980), petition for rev. denied, 399 So.2d 1142 (Fla. 1981); Federal Insurance Co. v. Applestein, 377 So.2d 229 (Fla. 3d DCA 1979), cert. denied, 389 So.2d 1107 (Fla. 1980); C.A. Fielland, Inc. v. Fidelity and Casualty Company of New York, 297 So.2d 122 (Fla. 2d DCA 1974), cert. denied, 309 So.2d 6 (Fla. 1975).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.