539 So. 2d 1181 | Fla. Dist. Ct. App. | 1989
Appellant, City of Margate (City), files this appeal from an order dismissing with prejudice its third party action against ap-pellees, Great Southwest Fire Insurance Company (Great Southwest) and National Casualty Insurance Company (National), for indemnity of legal fees owed to a former city commissioner, Jack Tobin (Tobin). On the authority of Lomelo v. City of Sunrise, 423 So.2d 974 (Fla. 4th DCA 1982), rev. dismissed, 431 So.2d 988 (Fla. 1983), the trial court had previously entered a partial summary judgment holding that Tobin was entitled to legal fees from the City for his successful defense of criminal charges of accepting unlawful compensation while serving as a city commissioner. The City’s liability to Tobin for his legal fees is not an issue on appeal.
The City and Tobin were both insureds under public official liability policies issued by Great Southwest and National. The language of the policies is substantially identical and covered claims made against
AFFIRMED.