554 So. 2d 559 | Fla. Dist. Ct. App. | 1989
Hartford Accident & Indemnity Company (Hartford) appeals orders granting summary judgment and dismissing its complaint seeking contribution from Travelers Indemnity Company (Travelers) with prejudice. We affirm.
A suit for damages for injuries sustained in a 1978 automobile accident resulted in a $12,200,000 verdict for the plaintiff in 1979.
Hartford contends that the trial court erroneously dismissed its amended
Our review of Hartford’s complaint and the record on appeal discloses no ultimate facts supporting a controversy cognizable under Florida law. We find, as the trial court found, that Hartford, a third party insurer not in privity with Travelers, cannot sustain a contribution claim that operates outside the contract. See Cardenas v. Miami-Dade Yellow Cab Co., 538 So.2d 491, 496 (Fla. 3d DCA 1989). Hartford’s claim of equitable subrogation is precluded by the trial court’s finding Hartford in bad faith. The supreme court’s holding in Allstate Ins. Co. v. Fowler, 480 So.2d 1287 (Fla.1985), supports Travelers’ status as the excess carrier under the lease exception, since the trial court previously found that Travelers’ excess policy specifically excluded coverage in the circumstances. We further find Hartford’s remaining claim that Travelers owes a direct duty to Hartford not cognizable under Florida law. See Cardenas at 496. Finally, we find Hartford’s remaining claims without merit.
AFFIRMED.
. David Gillette, a minor, etc. v. Jeffrey Alan Hancock, et. al., Circuit Court of Escambia County, Florida, Case No. 79-2888-CA-01.