Florida Statute 627.4136 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.4136

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

Arrestable Offenses / Crimes under Fla. Stat. 627.4136

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.4136.

Annotations, Discussions, Cases:

Cases Citing Statute 627.4136

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2023-06-29

Snippet: The district court also concluded that section 627.4136(1), Florida Statutes—Florida’s nonjoinder insurance

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

Court: District Court of Appeal of Florida | Date Filed: 2021-03-17

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

Hughes v. Mid-Continent Cas. Co.

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1053

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

Hughes v. Mid-Continent Cas. Co.

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1053

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

Progressive Select Ins. Co. v. Bigney

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 264 So. 3d 222

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

Progressive Select Ins. Co. v. Bigney

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 264 So. 3d 222

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

HOUSTON SPECIALTY INSURANCE COMPANY v. ENOCH VAUGHN

Court: District Court of Appeal of Florida | Date Filed: 2018-08-10

Citation: 261 So. 3d 607

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

ACE Am. Ins. Co. v. Gregorski

Court: District Court of Appeal of Florida | Date Filed: 2018-07-05

Citation: 246 So. 3d 574

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

Ace American Ins. Co. v. Gregorski

Court: District Court of Appeal of Florida | Date Filed: 2018-07-05

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

Geico General Ins. Co. v. Martinez

Court: District Court of Appeal of Florida | Date Filed: 2018-01-03

Citation: 240 So. 3d 43

Snippet: requirements of the nonjoinder statute (section 627.4136, Florida Statutes (2016)), constitutes a departure

Choi v. Auto-Owners Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 2017-08-16

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

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

GEICO General Insurance Company v. Nocella

Court: District Court of Appeal of Florida | Date Filed: 2017-08-16

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

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

Government Employees Insurance Company v. Alysia M. Macedo

Court: Supreme Court of Florida | Date Filed: 2017-07-13

Citation: 228 So. 3d 1111, 2017 WL 2981812

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

International Special Events & Recreation Ass'n v. Bellina

Court: District Court of Appeal of Florida | Date Filed: 2017-04-28

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

Snippet: section 627.4136,Florida Statutes (2016), which provides, in pertinent part: 627.4136.Nonjoinder

Nova Casualty Company v. Wilson Developers, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-02-22

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-10-20

Citation: 177 So. 3d 56

Snippet: statutory service provision found within section 627.4136(4), Florida Statutes; 2) the court failed to “articulate

GEICO General Insurance Company v. Lepine

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

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

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

North American Capacity Insurance Company v. C.H.

Court: District Court of Appeal of Florida | Date Filed: 2015-08-07

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

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

Allied Professionals Insurance Co. v. Fitzpatrick

Court: District Court of Appeal of Florida | Date Filed: 2015-05-06

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

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

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.

Court: District Court of Appeal of Florida | Date Filed: 2015-05-06

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