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State, Ex Rel. v. Knott, (1934)

Court: Supreme Court of Florida Number:  Visitors: 12
Judges: PER CURIAM. —
Attorneys: Francis P. Whitehair and Hull, Landis Whitehair, for Relator; Cary D. Landis, Attorney General, and H. E. Carter and Robert J. Pleus, Assistants, for Respondents. Waller Pepper, as Amici Curiae.
Filed: Mar. 02, 1934
Latest Update: Mar. 02, 2020
Summary: The Travelers Indemnity Company proposed to issue a policy of indemnity insurance containing the coverage clauses known as clauses A and B, in the following language: (A) "To pay on behalf of the assured all sums which the assured shall become obligated to pay by reason of the liability imposed upon him by law for damages because of bodily injury, including death at any time resulting therefrom, accidentally sustained by any person or persons and caused by the ownership, maintenance or use of th
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This cause is now before us to be heard upon a motion to quash the return of respondent to a peremptory writ of mandamus and on demurrer to the return to the peremptory writ of mandamus.

It is contended here that the peremptory writ shows that the respondent has gone beyond the commands of the peremptory writ in issuing a certificate to the relator authorizing the relator to issue insurance policies or indemnity contracts as required by the command of the peremptory writ by including in the certificate the following language, to-wit:

"This certificate does not authorize the issuance of fidelity or surety bonds, or public liability policies under Chapter 14764, Laws of Florida, Acts of 1931, or public liability policies to third persons, or constituting a cause of action upon which a third person could maintain a suit against the insurer."

We find nothing in the language quoted which is in conflict or which extends or limits the certificate required to be issued by the peremptory writ. This language may be considered merely cautionary and inserted in the certificate for the purpose of precluding any misapprehension, misconstruction or misapplication of the terms of the certificate.

The relator applied to this Court for a writ of mandamus *Page 829 to coerce the respondent to issue a certificate authorizing and allowing it to issue an indemnity policy of the character which is permitted by the certificate issued as shown by the return and no other.

For the reasons stated, the motion to quash is denied and the demurrer is overruled. It is so ordered.

WHITFIELD, P. J., and BROWN and BUFORD, J. J., concur.

DAVIS, C. J., and TERRELL, J., concur in the opinion and judgment.

Source:  CourtListener

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