9 Fla. L. Weekly Supp. 480a
Insurance — Liability — Indemnification — Electric company is entitled to indemnification by insurer against claims brought by power plant maintenance company employees for personal injuries arising out of maintenance company’s work at electric company station
TAMPA ELECTRIC COMPANY, Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY f/k/a ZURICH INSURANCE COMPANY and POWER PLANT MAINTENANCE COMPANY, INC., Defendants. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 99 06280, Division A. January 23, 2002. James D. Arnold, Judge. Counsel: David W. McCreadie. Matthew J. Jowanna. Paul H. Field.
FINAL JUDGMENT
THIS CAUSE came to be heard on November 27, 2001, on Tampa Electric Company’s Motion for Partial Summary Judgment on Count I of Tampa Electric Company’s amended complaint and Zurich American Insurance Company’s Cross Motion for Summary Judgment. The Court having reviewed Tampa Electric Company’s Motion for Partial Summary Judgment, Zurich’s Cross Motion for Summary Judgment and having heard the argument of counsel and being otherwise advised in the premises,
IT IS ORDERED that Tampa Electric Company’s Motion for Partial Summary Judgment on Count I is GRANTED, Zurich’s Cross Motion for Summary Judgment is DENIED on substantive (not procedural) grounds, and
IT IS ADJUDGED that:
1. Tampa Electric Company is a certificate holder and “additional insured” under the liability insurance policy issued by Zurich American Insurance Company (“Zurich”) policy number 8322133, effective from September 30, 1998 to September 30, 1999.
2. Zurich American Insurance Company must defend and indemnify Tampa Electric Company against the underlying claims asserted by David Cook and Donna Kilpatric, as well as the claim filed by James Sullivan.
3. Additionally, the duties described in paragraph 2 apply to any future suits brought by Power Plant Maintenance Company, Inc.’s (“PPM”) employees or former employees asserting claims against Tampa Electric Company for personal injuries arising out of PPM’s operations or work at Tampa Electric Company’s Gannon Station on April 8, 1999.
4. Tampa Electric Company is entitled to recover costs and reasonable attorneys’ fees from Zurich under Florida Statute Section 627.428 for successfully prosecuting Count I of its declaratory judgment for insurance coverage.
5. Because Tampa Electric Company is entitled to indemnification from Zurich, Tampa Electric Company is also entitled to recover from Zurich costs and reasonable attorneys’ fees incurred by Tampa Electric Company in defending against the Cook and Kilpatric suits, as well as the Sullivan suit.
6. The Court retains jurisdiction to determine the amount of fees and costs that Tampa Electric Company is entitled to recover from Zurich pursuant to paragraphs 4 and 5 above if Zurich and Tampa Electric Company cannot agree on the amount of the costs and fees.
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