CONSUELO HERNANDEZ AND PABLO HERNANDEZ, HER HUSBAND, APPELLANTS,
v.
CESARIO AGUIAR AND THE TRAVELERS INSURANCE COMPANY, APPELLEES
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The court affirmed the dismissal of plaintiffs' negligence action because their general unconditional release to one insurer of the sole tortfeasor barred all claims against that tortfeasor and his other insurer.
A general unconditional release given by plaintiffs to one insurer of the sole tortfeasor in a negligence action bars all subsequent claims against that tortfeasor and his other insurers.
[1] A general unconditional release executed by a plaintiff to one insurer of a sole tortfeasor operates to release the tortfeasor himself and bars all claims against that to…
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Join FLexlaw to unlock all legal intelligence“The settlement and release forever bars the plaintiffs from asserting the same claims below against the defendant Aguiar and his additional insurer, the defendant Travelers Insurance Company.”
Court explaining the effect of the general unconditional release on all claims against the tortfeasor and his insurers.
Plaintiffs Consuelo and Pablo Hernandez settled their negligence claims against defendant Cesario Aguiar for $10,000 and executed a general unconditio…
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PER CURIAM.
The final judgment under review is affirmed upon a holding that the action herein is barred by a general unconditional release given by the plaintiffs herein in full settlement of the claims asserted below. There was only one tortfeasor in the instant negligence action, the defendant Cesario Aguiar who was the insured under two separate insurance policies covering this tort incident — one with South Carolina Insurance Company and one with the defendant Travelers Insurance Company. The plaintiffs have since settled their claims against the defendant Aguiar for valuable consideration [$10,000] and have given a general, unconditional release to one of the defendant Aguiar’s insurers [South Carolina Insurance Company] which necessarily releases the defendant Aguiar as the sole tortfeasor in this incident. The settlement and release forever bars the plaintiffs from asserting the same claims below against the defendant Aguiar and his additional insurer, the defendant Travelers Insurance Company. Genung v. Loftin, 152 Fla. 759, 13 So. 2d 149 (1943); D.F.S., Inc. v. Beasley Crane Service & Sales, Inc., 251 So. 2d 727 (Fla. 2d DCA), cert. denied, 255 So. 2d 682 (Fla.1971). This is not a case involving a general release of one of several joint tort-feasors, as only one tortfeasor is involved herein; as such, Hurt v. Leatherby Insurance Co., 380 So. 2d 432 (Fla.1980), is entirely inapplicable to this case.
Affirmed.
JORGENSON, Judge,
dissenting.
I respectfully dissent. I would treat the trial court’s order granting summary judgment in favor of Cesario Aguiar as an order granting partial summary judgment to the extent that South Carolina Insurance Company has satisfied the obligation owed to its insured and would remand to the trial court for further proceedings in light of Hurt v. Leatherby Insurance Co., 380 So. 2d 432 (Fla.1980); see Gonzalez v. Travelers Indemnity Co. of Rhode Island, 408 So. 2d 741 (Fla. 3d DCA 1982).
The broad language of the Florida Supreme Court in Hurt is sufficient in my view to accommodate the appellant in the case sub judice.
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Hackett v. OLD Am. Ins. Co., 751 So. 2d 157 (Fla. 5th DCA 2000)…PER CURIAM. AFFIRMED. Hernandez v. Aguiar, 433 So. 2d 54 (Fla. 3d DCA 1983). W. SHARP, PETERSON and THOMPSON, JJ., concur.…
Authorities Cited
- Nolan Hurt and Florence Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980)
- D. F. S., Inc. v. Beasley Crane Serv. & Sales, Inc., 251 So. 2d 727 (Fla. 2d DCA 1971)
- D. F. S., Inc. v. Beasley Crane Serv. & Sales, Inc., 255 So. 2d 682 (Fla. 1971)
- State v. Luman, 255 So. 2d 682 (Fla. 1971)
- Gonzalez v. Travelers Indem. Co. of R.I., 408 So. 2d 741 (Fla. 3d DCA 1982)
- Genung v. Loftin, 152 Fla. 759 (Fla. 1943)