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Iowa Mut. Ins. Co. v. Lopez

District Court of Appeal of Florida, Third District
Feb 24, 1984
444 So. 2d 1021 (Fla. Dist. Ct. App. 1984)

Summary

affirming the dismissal of a contribution claim premised on a contract dispute

Summary of this case from Zurich Am. Ins. Co. v. Southern-Owners Ins. Co.

Opinion

Nos. 82-2637, 83-544.

January 17, 1984. Rehearing Denied February 24, 1984.

Appeal from the Circuit Court for Dade County, Jon I. Gordon, J.

Peters, Pickle, Flynn, Niemoeller Downs and Donna S. Catoe, Miami, for appellant.

Blackwell, Walker, Gray, Powers, Flick Hoehl and James C. Blecke, Miami, for appellees.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.


The orders under review in these consolidated appeals dismissing the appellant's amended third-party complaint for indemnity, contribution and professional malpractice are affirmed. As the appellant now concedes, no cause of action for indemnity lies under the principles laid down in Houdaille Industries, Inc. v. Edwards, 374 So.2d 490 (Fla. 1979). Likewise, because the plaintiff's bad faith claim against Iowa Mutual is an action ex contractu rather than a tort, Nationwide Mutual Insurance Company v. McNulty, 229 So.2d 585 (Fla. 1969), Iowa's third-party claim against Lynn for contribution among tortfeasors cannot lie. Finally, although Iowa may sue Lynn for professional malpractice, this claim must be brought in an independent action rather than, as here, in a third-party complaint. Accordingly, the dismissal of the claims for indemnity and contribution is affirmed; the dismissal of appellant's claim for professional malpractice is affirmed without prejudice to the appellant instituting an independent action based on such claim.

Affirmed.


Summaries of

Iowa Mut. Ins. Co. v. Lopez

District Court of Appeal of Florida, Third District
Feb 24, 1984
444 So. 2d 1021 (Fla. Dist. Ct. App. 1984)

affirming the dismissal of a contribution claim premised on a contract dispute

Summary of this case from Zurich Am. Ins. Co. v. Southern-Owners Ins. Co.
Case details for

Iowa Mut. Ins. Co. v. Lopez

Case Details

Full title:IOWA MUTUAL INSURANCE COMPANY, APPELLANT, v. FERNANDO LOPEZ; JONATHAN P…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 24, 1984

Citations

444 So. 2d 1021 (Fla. Dist. Ct. App. 1984)

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