MORSE AUTO RENTALS, INC., A CORPORATION, APPELLANT,
v.
DUNES ENTERPRISES, INC., D/B/A DUNES MOTEL, A CORPORATION, APPELLEE
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Morse Auto Rentals leased a vehicle to Dunes Enterprises under a contract requiring Morse to provide liability insurance. After an accident, Dunes sought indemnification from Morse when the insurer became insolvent, and the trial court awarded Dunes attorney's fees as part of its indemnity recovery. This appeal addresses whether an indemnitee may recover attorney's fees from the indemnitor.
An indemnitee is entitled to recover reasonable attorney's fees as part of its damages from the indemnitor. The trial court properly had jurisdiction to enter the attorney's fees judgment after the indemnification right had been finally established in prior proceedings.
“The general rule is that an in-demnitee is entitled to recover reasonable attorney's fees as a part of its damages.”
Establishes the controlling legal principle that indemnitees may recover attorney's fees as damages from indemnitees.
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Join FLexlaw to unlock all legal intelligenceMorse leased a car to Dunes under a lease contract requiring Morse to provide liability insurance for Dunes. During the lease, the car was involved in…
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This litigation has been the source of two prior appeals in this court. See Morse Auto Rentals v. Papandrea, Fla.App.1965, 180 So.2d 351; Dunes Enterprises, Inc. v. Papandrea, Fla.App.1965, 179 So.2d 580. The focal point of the present appeal is the right of an indemnitee to recover attorney’s fees from the indemnitor.
Morse leased a car to Dunes under a lease contract, whereby Morse agreed to provide, inter alia, certain liability insurance for Dunes. The car was involved in an accident while being driven by a Dunes employee, and an injured party, Papandrea, brought suit against Dunes, Morse, and the driver. The insurer from whom Morse had obtained the specified liability insurance became insolvent, and both Dunes and Morse were required to defend the action.
Dunes crossclaimed against Morse for indemnification to the extent that it should have been protected under the insurance policy specified in the lease contract and for attorney’s fees. A partial summary judgment was granted to Dunes on its crossclaim against Morse and the case proceeded to a final judgment for the plaintiff, Papandrea.
Morse appealed from that final judgment, assigning as error the granting of the partial summary judgment to Dunes on its crossclaim. In Morse Auto Rentals v. Papandrea, supra, we affirmed, holding that the summary judgment was properly entered and that Morse’s contractual obligation to provide insurance entitled Dunes to indemnity. Certiorari was then denied by the Supreme Court on March 8, 1966. Morse Auto Rentals v. Papandrea, Fla. 1966, 188 So.2d 316.
The question of the right to indemnification now being finally résolved, the trial judge, after remand, on motion of Dunes, entered a final judgment for attorney’s fees against Morse, from which this appeal has been taken. The reasonableness of the fees is not at issue, only Dunes’ right to recover the fees.
The general rule is that an in-demnitee is entitled to recover reasonable attorney’s fees as a part of its damages.1 We find this rule to be applicable here.
With regard to the appellant’s other contention, that the court had no jurisdiction to enter an order on attorney’s fees because of prior rulings, we disagree. We have carefully examined the record brought before us on this appeal and find no' specific ruling on attorney’s fees, prior to the order appealed from, with the requisite *654finality to constitute an adjudication on the merits of this element of the crossclaim. It was therefore proper for the trial judge to have ruled on the question once Dunes’ right to indemnification had been finally settled.
We have considered the other points raised and find them to have no bearing upon our conclusion.
Affirmed.
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Am. Home Assurance Co. v. City OF OPA Locka, 368 So. 2d 416 (Fla. 3d DCA 1979)…29 (Fla. 3d DCA 1976), cert. denied, 336 So. 2d 1180 (Fla.1976); Mims Crane Service, Inc. v. Insley Manufacturing Corp., 226 So. 2d 836 (Fla. 2d DCA 1969), cert. denied, 234 So. 2d 122 (Fla.1969); Morse Auto Rentals, Inc. v. Dunes Enterprises, Inc., 198 So. 2d 652 (Fla. 3d DCA 1967). Expenses incurred by a secondarily liable carrier in the defense of its insured, have been universally awarded when that company sues a primary insurer of the same insured, which should have undertaken that defense. E. g., Nation…
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Ins. Co. OF N. Am. & Ford Motor Co. v. Gena M. King, 340 So. 2d 1175 (Fla. 4th DCA 1976)…in’s Rent-A-Car Systems, Inc. v. Royal Continental Hotels, Inc., 187 So. 2d 349 (Fla. 4th DCA 1966); Thomas Awning and Tent Co. v. Toby’s Twelfth Cafeteria, Inc., 204 So. 2d 756 (Fla. 3d DCA 1967); Morse Auto Rental, Inc. v. Dunes Enterprises, Inc., 198 So. 2d 652 (Fla. 3d DCA 1967); Mims Crane Service, Inc. v. Insley Manufacturing Corp., 226 So. 2d 836 (Fla. 2d DCA 1969). We conclude that it is an indemnitee’s actual wrongdoing or lack of it, rather than allegations of wrongdoing, which determine the indemni…
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Borg-Warner Acceptance Corp. v. Philco Fin. Corp., 356 So. 2d 830 (Fla. 1st DCA 1978)…z Corporation, 302 So. 2d 187 (Fla. 4th DCA 1974). The general rule is that reasonable fees may be recovered in an indemnity action whether the indemnity is implied by law or arises from contract. Morse Auto Rentals, Inc. v. Dunes Enterprises, Inc., 198 So. 2d 652 (Fla. 3d DCA 1967). Moreover indemnity contracts have been construed as permitting a defendant’s insurer, which defended the cause and assumed responsibility for any judgment within the limits of the policy, to be subrogated to the rights of its ins…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Hous. Auth. OF the City OF Fort Pierce v. Foster, 180 So. 2d 351 (Fla. 2d DCA 1965)
- Dunes Enters., Inc. v. Papandrea, 179 So. 2d 580 (Fla. 3d DCA 1965)
- Fla. Home Ins. Co. v. Chafetz, 188 So. 2d 316 (Fla. 1966)
- Johnson v. State, 188 So. 2d 316 (Fla. 1966)