Florida Statute 627.4136 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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627.4136 Nonjoinder of insurers.—

(1) It shall be a condition precedent to the accrual or maintenance of a cause of action against a liability insurer by a person not an insured under the terms of the liability insurance contract that such person shall first obtain a settlement or verdict against a person who is an insured under the terms of such policy for a cause of action which is covered by such policy.

(2) Notwithstanding subsection (1), any insurer who pays any taxable costs or attorney’s fees which would be recoverable by the insured but for the fact that such costs or fees were paid by the insurer shall be considered a party for the purpose of recovering such fees or costs. No person who is not an insured under the terms of a liability insurance policy shall have any interest in such policy, either as a third-party beneficiary or otherwise, prior to first obtaining a settlement or verdict against a person who is an insured under the terms of such policy for a cause of action which is covered by such policy.

(3) Insurers are affirmatively granted the substantive right to insert in liability insurance policies contractual provisions that preclude persons who are not designated as insureds in such policies from joining a liability insurer as a party defendant with its insured prior to the rendition of a verdict. The contractual provisions authorized in this subsection shall be fully enforceable.

(4) At the time a judgment is entered or a settlement is reached during the pendency of litigation, a liability insurer may be joined as a party defendant for the purposes of entering final judgment or enforcing the settlement by the motion of any party, unless the insurer denied coverage under the provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2). A copy of the motion to join the insurer shall be served on the insurer by certified mail. If a judgment is reversed or remanded on appeal, the insurer’s presence shall not be disclosed to the jury in a subsequent trial.

History.—s. 12, ch. 76-266; s. 2, ch. 81-318; ss. 542, 563, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 38, ch. 90-119; ss. 37, 114, ch. 92-318.

Note.—Former s. 627.7262.

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Amendments to 627.4136

Annotations, Discussions, Cases:

Cases Citing Statute 627.4136

Total Results: 93

Berges v. Infinity Ins. Co.

896 So. 2d 665, 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 2451741

Cited 112 times | Published

facts are known to have on jury verdicts. See § 627.4136, Fla. Stat. (2003); Van Bibber v. Hartford Accident

Jones v. Florida Ins. Guar. Ass'n, Inc.

908 So. 2d 435, 2005 WL 1580606

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724747

Cited 103 times | Published

prohibited such joinder in the underlying action. See § 627.4136(1), Fla. Stat. (1995) (claimants are required

Government Employees Insurance Company v. Alysia M. Macedo

228 So. 3d 1111, 2017 WL 2981812

Supreme Court of Florida | Filed: Jul 13, 2017 | Docket: 6089478

Cited 42 times | Published

“Macedo then joined GEICO to the judgment, see § 627.4136(4), Fla. Stat., and sought taxable fees and costs

State v. Mark Marks, PA

698 So. 2d 533, 22 Fla. L. Weekly Supp. 439, 1997 Fla. LEXIS 1056, 1997 WL 417282

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 288055

Cited 33 times | Published

as well as the insurance code, particularly section 627.4136, Florida Statutes (1993),[11] indicated that

Canal Insurance Company v. Reed

666 So. 2d 888, 21 Fla. L. Weekly Supp. 22, 1996 Fla. LEXIS 16, 1996 WL 15517

Supreme Court of Florida | Filed: Jan 18, 1996 | Docket: 1510940

Cited 24 times | Published

Bruns decision, the legislative amendment to section 627.4136, the "non-joinder statute," became effective

Auto Owners Insurance v. Travelers Casualty & Surety Co.

227 F. Supp. 2d 1248, 2002 U.S. Dist. LEXIS 19478, 2002 WL 31114023

District Court, M.D. Florida | Filed: Sep 12, 2002 | Docket: 2518243

Cited 19 times | Published

or a verdict against the insured. Fla. Stat. § 627.4136(2). Reliance claims that it made settlement payments

American Equity Ins. Co. v. Van Ginhoven

788 So. 2d 388, 2001 WL 725804

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 1286769

Cited 19 times | Published

declaratory judgment actions in violation of section 627.4136, Florida Statutes (1997), Florida's Non Joinder

Metropolitan Casualty Insurance Co. v. Tepper

2 So. 3d 209, 34 Fla. L. Weekly Supp. 111, 2009 Fla. LEXIS 143, 2009 WL 217978

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1138556

Cited 16 times | Published

60 days’ written notice of the violation.”); § 627.4136(1), Fla. Stat. (2008) (“It shall be a condition

Essex Ins. Co. v. Zota

985 So. 2d 1036, 33 Fla. L. Weekly Supp. 425, 2008 Fla. LEXIS 1112, 2008 WL 2520879

Supreme Court of Florida | Filed: Jun 26, 2008 | Docket: 2518508

Cited 15 times | Published

subsequently renumbered section 627.7262 as section 627.4136, Florida Statutes (Supp.1992). See ch. 92-318

Smith v. St. Vil

714 So. 2d 603, 1998 WL 390395

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 461537

Cited 15 times | Published

under our non-joinder of insurers statute, section 627.4136, Florida Statutes (1992), and the trial court

State v. MARK MARKS, PA

654 So. 2d 1184, 1995 WL 132149

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 1303813

Cited 11 times | Published

language in the current nonjoinder statute, section 627.4136, Florida Statutes (1993). After doing the

Allied Professionals Insurance Co. v. Fitzpatrick

169 So. 3d 138, 2015 Fla. App. LEXIS 6746, 2015 WL 2078847

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 60248862

Cited 10 times | Published

plaintiffs’ action pursuant to section 627.4136, Florida Statutes (2011). Section 627.4136 states, in pertinent

Pezzi v. Brown

697 So. 2d 883, 1997 WL 345702

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1777030

Cited 10 times | Published

direct action against the insurer. See generally § 627.4136, Fla. Stat. (1995). Thus, although the personal

General Star Indem. v. Boran Craig Const.

895 So. 2d 1136, 2005 WL 263927

District Court of Appeal of Florida | Filed: Feb 4, 2005 | Docket: 1255347

Cited 9 times | Published

motion was based on Florida's nonjoinder statute, § 627.4136, Fla. Stat. (2003). The pertinent part of the

MERCHANTS & BUSINESSMEN'S MUT. v. Bennis

636 So. 2d 593, 1994 WL 189599

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 1715307

Cited 9 times | Published

sever, relying upon the non-joinder statute, section 627.4136, Florida Statutes (1993). Denial of severance

Hazen v. Allstate Ins. Co.

952 So. 2d 531, 2007 WL 101216

District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 1703213

Cited 8 times | Published

(Allstate) with prejudice for noncompliance with section 627.4136, Florida Statutes (2002), commonly referred

Geico General Insurance Co. v. Harvey

109 So. 3d 236, 2013 WL 238162

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60229521

Cited 6 times | Published

000 policy limit. On April 2011, pursuant to section 627.4136(4), Florida Statutes (2006), the estate was

Liberty Insurance Corp. v. Milne

98 So. 3d 613, 2012 WL 3101718, 2012 Fla. App. LEXIS 12532

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60312487

Cited 6 times | Published

limited purpose of the nonjoinder statute, section 627.4136, Florida Statutes.1 On February 1, 2012, the

Herrera v. CA Seguros Catatumbo

844 So. 2d 664, 2003 WL 1722811

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 1197131

Cited 6 times | Published

Catatumbo as an additional defendant pursuant to section 627.4136(4), Florida Statutes (1999), and to obligate

GOLDEN DOOR JEWELRY CREATIONS v. Lloyds Underwriters

888 F. Supp. 1150, 1995 WL 329727

District Court, S.D. Florida | Filed: May 10, 1995 | Docket: 1218558

Cited 5 times | Published

n. 7. That statute, now codified as Fla.Stat. § 627.4136 requires that a non-insured first obtain a settlement

Joanne Kong v. Allied Professional Insurance Company

750 F.3d 1295, 2014 WL 1870615, 2014 U.S. App. LEXIS 8762

Court of Appeals for the Eleventh Circuit | Filed: May 9, 2014 | Docket: 271515

Cited 4 times | Published

cause of action against the insurer. Fla. Stat. § 627.4136. Accordingly, Kong’s claim against Allied does

Leticia Morales v. Zenith Insurance Company

714 F.3d 1220, 2013 WL 1501654, 2013 U.S. App. LEXIS 7469

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 297393

Cited 4 times | Published

which is covered by such policy. Fla. Stat. § 627.4136(1); see Hazen, 952 So.2d at 534.

GEICO General Insurance Co. v. Williams

111 So. 3d 240, 2013 WL 1442157, 2013 Fla. App. LEXIS 5724

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230784

Cited 4 times | Published

added as a party to the final judgment under section 627.4136, Florida Statutes (the “nonjoinder statute”)

Progressive Exp. Ins. Co. v. Scoma

975 So. 2d 461, 2007 WL 1296007

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 1425596

Cited 4 times | Published

faith actions). [5] Currently codified at section 627.4136(2), Florida Statutes (2006).

Ace American Insurance Company v. Hcp III of Bradenton, Inc.

913 So. 2d 1280, 2005 WL 3077226

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1698195

Cited 4 times | Published

judgment is sought). Although, pursuant to section 627.4136(4), Florida Statutes (2004), a liability carrier

TALLAHASSEE MEM. REG. MED. v. Kinsey

655 So. 2d 1191

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1327282

Cited 4 times | Published

were entitled to join the insurer pursuant to section 627.4136(4), Florida Statutes (1993), which, to the

Leticia Morales v. Zenith Insurance Company

152 So. 3d 557, 39 Fla. L. Weekly Supp. 721, 2014 Fla. LEXIS 3555, 2014 WL 6836320

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611558

Cited 3 times | Published

cause of action which is covered by such policy.” § 627.4136(1), Fla. Stat. (2009). Accordingly, by virtue

Bodywell Nutrition, LLC v. Fortress Systems, LLC

846 F. Supp. 2d 1317, 2012 WL 565993, 2012 U.S. Dist. LEXIS 20929

District Court, S.D. Florida | Filed: Feb 21, 2012 | Docket: 65979449

Cited 3 times | Published

before Florida's Nonjoinder statute, Fla. Stat. § 627.4136, was amended to include subsection (4). Subsection

Allstate Insurance v. Stanley

282 F. Supp. 2d 1342, 2003 U.S. Dist. LEXIS 21102, 2003 WL 22128923

District Court, M.D. Florida | Filed: Aug 25, 2003 | Docket: 2347085

Cited 3 times | Published

to dismiss the counterclaim and argues that section 627.4136(1), Florida Statutes, bars the counterclaim

Nevarez v. ANN FRISKNEY

817 So. 2d 856, 2002 Fla. App. LEXIS 4479, 2002 WL 507084

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1429954

Cited 3 times | Published

error as it violated the nonjoinder statute. See § 627.4136, Fla. Stat. (2001). We disagree. The purpose

Marcum v. Hayward

136 So. 3d 695, 2014 Fla. App. LEXIS 1824, 2014 WL 538678

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60240062

Cited 2 times | Published

defendant to the final judgment pursuant to section 627.4136(4), Florida Statutes (2012).

UCF Athletics Ass'n v. Plancher

121 So. 3d 616, 2013 Fla. App. LEXIS 12797, 2013 WL 4226848

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60234463

Cited 2 times | Published

the action after Appellee prevailed below. See § 627.4136(1), Fla. Stat. (2011) (prohibiting joinder of

State National Insurance Co. v. Robert

71 So. 3d 238, 2011 Fla. App. LEXIS 16147, 2011 WL 4809139

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2355122

Cited 2 times | Published

(State National), as a defendant, pursuant to section 627.4136(1), (4), Florida Statutes (2006).[1] The issue

Southern Owners Insurance Co. v. Mathieu

67 So. 3d 1156, 2011 Fla. App. LEXIS 13716, 2011 WL 3437800

District Court of Appeal of Florida | Filed: Aug 5, 2011 | Docket: 2363450

Cited 2 times | Published

meet the presuit requirements set forth in section 627.4136(1), Florida Statutes (2009), and that the

Mid-Continent Casualty Co. v. United Rentals, Inc.

62 So. 3d 1173, 2011 Fla. App. LEXIS 8060, 2011 WL 2135648

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2361442

Cited 2 times | Published

would violate Florida's non-joinder statute, section 627.4136(1), Florida Statutes. Alternatively, MCC sought

Jennings Construction Services Corp. v. ACE American Insurance

783 F. Supp. 2d 1209, 2011 U.S. Dist. LEXIS 49999, 2011 WL 1792583

District Court, M.D. Florida | Filed: May 10, 2011 | Docket: 1967048

Cited 2 times | Published

against one of the Insureds. (Id. ¶ 32); see § 627.4136(1), Fla. Stat. ("It shall be a condition precedent

Mucha v. Atlas Van Lines, Inc.

989 So. 2d 697, 2008 Fla. App. LEXIS 11874, 2008 WL 3153936

District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 2531509

Cited 2 times | Published

trial court dismissed the complaint based upon section 627.4136, Florida Statutes (2007), Florida's non-joinder

Ace American Insurance v. Paradise Divers, Inc.

216 F.R.D. 537, 56 Fed. R. Serv. 3d 673, 2003 U.S. Dist. LEXIS 9865, 2003 WL 21356445

District Court, S.D. Florida | Filed: Jun 6, 2003 | Docket: 66019118

Cited 2 times | Published

if Florida’s direct action statute, Fla. Stat. § 627.4136, bars Upmal’s intervention, as asserted by Ace

Blue Cross & Blue Shield v. Halifax Insurance Plan, Inc.

961 F. Supp. 271, 1997 U.S. Dist. LEXIS 5167, 1997 WL 189089

District Court, M.D. Florida | Filed: Apr 15, 1997 | Docket: 1852234

Cited 2 times | Published

Florida's nonjoinder statute, Florida Statutes § 627.4136, and that Plaintiff does not have standing to

In Re Greater Jacksonville Transportation Co.

172 B.R. 376, 8 Fla. L. Weekly Fed. B 212, 1994 Bankr. LEXIS 1482, 1994 WL 518929

United States Bankruptcy Court, M.D. Florida | Filed: Aug 24, 1994 | Docket: 1868297

Cited 2 times | Published

based on the proposition that under Fla.Stat. § 627.4136, no action can be maintained against an insurance

Progressive Select Ins. Co. v. Bigney

264 So. 3d 222

District Court of Appeal of Florida | Filed: Dec 21, 2018 | Docket: 64704557

Cited 1 times | Published

both counts under the nonjoinder statute. See § 627.4136, Fla. Stat. (2017). The trial court denied the

Geico General Ins. Co. v. Martinez

240 So. 3d 43

District Court of Appeal of Florida | Filed: Jan 3, 2018 | Docket: 6250708

Cited 1 times | Published

express requirements of the nonjoinder statute (section 627.4136, Florida Statutes (2016)), constitutes a

International Special Events & Recreation Ass'n v. Bellina

219 So. 3d 138, 2017 WL 1548027, 2017 Fla. App. LEXIS 5949

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 6058991

Cited 1 times | Published

existence of Florida’s Nonjoinder Statute, section 627.4136,Florida Statutes (2016), which provides, in

Nova Casualty Company v. Wilson Developers, LLC

212 So. 3d 477, 2017 WL 694566, 2017 Fla. App. LEXIS 2294

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 4608291

Cited 1 times | Published

because Sound failed to meet the requirements of section 627.4136(4), Florida Statutes (2014). That section

Hillsborough County v. Star Insurance Company

847 F.3d 1296, 2017 WL 460999, 2017 U.S. App. LEXIS 1924

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2017 | Docket: 4580047

Cited 1 times | Published

satisfied Florida’s non-joinder statute, Fla. Stat. § 627.4136(1), because he had not yet obtained a judgment

New Hampshire Indemnity Company v. John Gray Damil Belizaire etc.

177 So. 3d 56

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991532

Cited 1 times | Published

the statutory service provision found within section 627.4136(4), Florida Statutes; 2) the court failed

GEICO General Insurance Company v. Lepine

173 So. 3d 1142, 2015 Fla. App. LEXIS 13441, 2015 WL 5559814

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757054

Cited 1 times | Published

action against GEICO. The nonjoinder statute, section 627.4136, Florida Statutes (2014), provides, in part

Star Insurance Co. v. Dominguez

141 So. 3d 690, 2014 WL 2874336, 2014 Fla. App. LEXIS 9598

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242014

Cited 1 times | Published

conditions precedent of the nonjoinder statute, section 627.4136, Florida Statutes (2012), we grant the writ

Beazley Insurance Co. v. Banerjee

123 So. 3d 1184, 2013 WL 5538714, 2013 Fla. App. LEXIS 15915

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234894

Cited 1 times | Published

declaratory judgment claim was in violation of section 627.4136(1), Florida Statutes (2012). In September

Lantana Insurance, Ltd. v. Thornton

118 So. 3d 250, 2013 WL 3723499, 2013 Fla. App. LEXIS 11246

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60233138

Cited 1 times | Published

judgment. Because the conditions mandated by section 627.4136 of the Florida Statutes have not been met

Hermitage Insurance Co. v. Oxygen in the Grove

30 So. 3d 549, 2010 Fla. App. LEXIS 1342, 2010 WL 445702

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1639191

Cited 1 times | Published

defendant in the final judgment at this time, see § 627.4136(4), Fla. Stat. (2008); C.A. Seguros Catatumbo

Gonzalez v. Claywell

24 So. 3d 1260, 2009 Fla. App. LEXIS 20509, 2009 WL 5151598

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648232

Cited 1 times | Published

affect the settlement, I would reverse. Under section 627.4136, Florida Statutes, before a party can sue

WORTHINGTON COMMUNITIES, INC. v. Mejia

28 So. 3d 79, 2009 Fla. App. LEXIS 19608, 2009 WL 4825111

District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 1167594

Cited 1 times | Published

concerning its inclusion on the judgment under section 627.4136(4), it might be entitled to separate counsel

WORTHINGTON COMMUNITIES, INC. v. Mejia

28 So. 3d 79, 2009 Fla. App. LEXIS 19608, 2009 WL 4825111

District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 1167594

Cited 1 times | Published

concerning its inclusion on the judgment under section 627.4136(4), it might be entitled to separate counsel

Altadis USA, Inc. v. NPR, INC.

344 F. Supp. 2d 1349, 2004 U.S. Dist. LEXIS 23815, 2004 WL 2624233

District Court, M.D. Florida | Filed: Nov 10, 2004 | Docket: 2270338

Cited 1 times | Published

Accordance with Ohio Statute 3929.06 or Florida Statute 627.4136 (Dkt. 191), to which National Union Insurance

Rosati v. Vaillancourt

848 So. 2d 467, 2003 Fla. App. LEXIS 10148, 2003 WL 21511326

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823803

Cited 1 times | Published

Arbella, pursuant to the non-joinder statute, section 627.4136, Florida Statutes (2002), was not a'party

State Farm Mutual Automobile Insurance Co. v. InterAmerican Car Rental, Inc.

781 So. 2d 500, 2001 Fla. App. LEXIS 4294, 2001 WL 321213

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 64804530

Cited 1 times | Published

indemnification as a third-party beneficiary under Section 627.4136, Florida Statutes. The trial court entered

Sparks v. Barnes

755 So. 2d 718, 1999 WL 770704

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1699436

Cited 1 times | Published

the trial judge's denial of her motion under section 627.4136, Florida Statutes (1997), to join in her judgment

Commercial Casualty Insurance v. Haeger (In Re Haeger)

221 B.R. 548, 11 Fla. L. Weekly Fed. B 279, 1998 Bankr. LEXIS 724, 1998 WL 324344

United States Bankruptcy Court, M.D. Florida | Filed: Apr 10, 1998 | Docket: 1455987

Cited 1 times | Published

opposes this Motion based on Florida Statute § 627.4136, the nonjoinder statute. In the Motion, Bothee

ILLINOIS UNION INSURANCE CO. v. MCGINLEY, THE VUE PASCO, LLC

District Court of Appeal of Florida | Filed: Jan 3, 2025 | Docket: 69514562

Published

Insurance Company pursuant to Florida Statute § 627.4136 . . . . Plaintiffs are further granted leave

Samantha Elaine Tsuji v. H. Bart Fleet, etc.

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538861

Published

4. The district court also concluded that section 627.4136(1), Florida Statutes—Florida’s nonjoinder

James River Insurance Company v. Rich Bon Corp

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2022 | Docket: 63331051

Published

barred adding James River to that suit. See id. § 627.4136. While its state court suit proceeded

National Trust Insurance Company v. Southern Heating and Cooling Inc.

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2021 | Docket: 60363338

Published

So. 2d 531, 534 (Fla. 2d DCA 2007); Fla. Stat. § 627.4136(1). Holding that the existence of a parallel

AM-RO HOLDINGS, LLC v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739253

Published

PER CURIAM. Affirmed. See Fla. Stat. § 627.4136(1) (2019) (“It shall be a condition precedent

Hughes v. Mid-Continent Cas. Co.

264 So. 3d 1053

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 64705091

Published

pursuant to Florida's Non-Joinder Statute, section 627.4136, Florida Statutes. Hughes petitioned this

Hughes v. Mid-Continent Cas. Co.

264 So. 3d 1053

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 64705090

Published

pursuant to Florida's Non-Joinder Statute, section 627.4136, Florida Statutes. Hughes petitioned this

Progressive Select Ins. Co. v. Bigney

264 So. 3d 222

District Court of Appeal of Florida | Filed: Dec 21, 2018 | Docket: 64704558

Published

both counts under the nonjoinder statute. See § 627.4136, Fla. Stat. (2017). The trial court denied the

Doe v. Ins. Co. Of The State Of Pennsylvania

363 F. Supp. 3d 1358

District Court, S.D. Florida | Filed: Oct 22, 2018 | Docket: 64323034

Published

against the tortfeasor); see also Fla. Stat. Ann. § 627.4136(1) ("It shall be a condition precedent to the

HOUSTON SPECIALTY INSURANCE COMPANY v. ENOCH VAUGHN

261 So. 3d 607

District Court of Appeal of Florida | Filed: Aug 10, 2018 | Docket: 7637789

Published

eviscerate Florida's nonjoinder statute, section 627.4136, Florida Statutes (2012):

ACE Am. Ins. Co. v. Gregorski

246 So. 3d 574

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 64680999

Published

comply with the non-joinder provisions of section 627.4136, Florida Statutes (2017). Mr. Gregorski's

Ace American Ins. Co. v. Gregorski

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361269

Published

comply with the non-joinder provisions of section 627.4136, Florida Statutes (2017). Mr. Gregorski’s

GEICO General Insurance Company v. Nocella

224 So. 3d 870, 2017 WL 3495338, 2017 Fla. App. LEXIS 11707

District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138719

Published

judgment against Ms. Franklin pursuant to section 627.4136(4), Florida Statutes.(2016). After a. hearing

Choi v. Auto-Owners Insurance Company

224 So. 3d 882, 2017 WL 3495603, 2017 Fla. App. LEXIS 11692

District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138721

Published

contended that Florida’s nonjoinder statute, section 627.4136(1), Florida Statutes (2014), required separate

Hillsborough County v. Star Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2017 | Docket: 4582517

Published

satisfied Florida’s non-joinder statute, Fla. Stat. § 627.4136(1), because he had not yet obtained a judgment

North American Capacity Insurance Company v. C.H.

173 So. 3d 1075, 2015 Fla. App. LEXIS 11805, 2015 WL 4681046

District Court of Appeal of Florida | Filed: Aug 7, 2015 | Docket: 2681882

Published

join NAC as a defendant because even though section 627.4136, Florida Statutes (2013)—the non-joinder statute—permits

Allied Professional Insurance Company, A Risk Retention Group, Inc. v. Brian Fitzpatrick and Lai Fong Fitzpatrick, Kelly M. Meredith, D.C., Florida Spine and Disc Center, Inc., and Arthur J. Gallagher Risk Management Services, Inc.

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679364

Published

action pursuant to section 627.4136, Florida Statutes (2011). Section 627.4136 states, in pertinent

Starr Indemnity & Liability Co. v. Morris

155 So. 3d 429, 2015 Fla. App. LEXIS 132, 2015 WL 72483

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621525

Published

Starr based on Florida’s non-joinder statute, section 627.4136 of the Florida Statutes (2014). Because the

Starr Indemnity v. Morris

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2624231

Published

Starr based on Florida’s nonjoinder statute, section 627.4136 of the Florida Statutes (2014). Because the

Atlantic Marine Florida, LLC v. Evanston Insurance Company

775 F.3d 1268, 2014 WL 7331580, 2014 U.S. App. LEXIS 24415

Court of Appeals for the Eleventh Circuit | Filed: Dec 24, 2014 | Docket: 2618723

Published

the procedure required by Florida • Statutes § 627.4136, which provides, in relevant part: It shall

Atlantic Marine Florida, LLC v. Evanston Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Dec 24, 2014 | Docket: 2900721

Published

mirrored the procedure required by Florida Statutes § 627.4136, which provides, in relevant part: It

State National Insurance Co. v. Robert

139 So. 3d 949, 2014 WL 2480185, 2014 Fla. App. LEXIS 8507

District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60241248

Published

determining whether the condition precedent of section 627.4136(1), Florida Statutes (2010), was met. That

Leticia Morales v. Zenith Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 2903244

Published

is covered by such policy. Fla. Stat. § 627.4136(1); see Hazen, 952 So. 2d at 534.

Northland Insurance v. Top Rank Trucking of Kissimmee, Inc.

823 F. Supp. 2d 1293, 2011 U.S. Dist. LEXIS 131004, 2011 WL 5428558

District Court, M.D. Florida | Filed: Nov 9, 2011 | Docket: 2001447

Published

[2] Northland asserts that, pursuant to section 627.4136, Florida Statutes, it cannot be joined in

Monroe v. Continental Tire the Americas, LLC

807 F. Supp. 2d 1129, 2011 WL 3916020

District Court, M.D. Florida | Filed: Aug 30, 2011 | Docket: 65975457

Published

complaints. Plaintiffs also argue that Fla. Stat. § 627.4136 requires Plaintiffs to obtain a judgment against

Mt. Hawley Insurance v. Sarasota Residences, LLC

714 F. Supp. 2d 1176, 2010 U.S. Dist. LEXIS 50516

District Court, M.D. Florida | Filed: May 21, 2010 | Docket: 2404778

Published

action which is covered by such policy. Fla. Stat. § 627.4136(1) (emphasis added). "An injured person has no

Dollar Systems, Inc. v. Elvia

967 So. 2d 447, 2007 Fla. App. LEXIS 17723, 2007 WL 3274724

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 64852817

Published

statutory condition precedent contained in section 627.4136, Florida Statutes (2006). Dollar Systems,

Williams v. Freeman

792 So. 2d 683, 2001 Fla. App. LEXIS 12113, 2001 WL 980941

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64807732

Published

court deemed it the school’s insurer under section 627.4136(4), Florida Statutes, and the fact that this

DeMeo v. Frenchy's Worldwide Helmets, Inc.

732 So. 2d 12, 1999 Fla. App. LEXIS 5130, 1999 WL 235180

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 64788080

Published

Insurance Company (“Evanston”), pursuant to section 627.4136(4), Florida Statutes (1997), as a liability

Florida Farm Bureau General Insurance v. Copertino

693 So. 2d 642, 1997 Fla. App. LEXIS 4205, 1997 WL 194649

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64773442

Published

order, alleging that the intervention violates section 627.4136, Florida Statutes (1995), providing for non-joinder

Campen v. Miller

668 So. 2d 342, 1996 Fla. App. LEXIS 1588, 1996 WL 75784

District Court of Appeal of Florida | Filed: Feb 23, 1996 | Docket: 64762495

Published

PER CURIAM. AFFIRMED. See § 627.4136, Fla.Stat. (1993); see also State Farm, Fire & Casualty Co. v.

Tallahassee Memorial Regional Medical Center, Inc. v. Kinsey

655 So. 2d 1191, 1995 Fla. App. LEXIS 5342

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 64756672

Published

were entitled to join the insurer pursuant to section 627.4136(4), Florida Statutes (1993), which, to the

Ashraf v. Smith

647 So. 2d 892, 1994 WL 617308

District Court of Appeal of Florida | Filed: Jan 11, 1995 | Docket: 2564463

Published

627.7262, Florida Statutes (1991) (currently Section 627.4136) as Dr. Ashraf's insurer. The Physicians Protective

Bolufe v. Ramirez

626 So. 2d 286, 1993 Fla. App. LEXIS 11120, 1993 WL 442476

District Court of Appeal of Florida | Filed: Nov 2, 1993 | Docket: 64743903

Published

See § 627.7262, Fla.Stat. (1991) (renumbered § 627.4136, Fla.Stat. (Supp.1992)), Affirmed.

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 627 in the context of insurance coverage law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.