Florida Statutes

Fla. Stat. § 627.4136 (2025)

Nonjoinder of insurers.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 108 cases (14 in the last 5 years), 1993–2026 · leading case: Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005).

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Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005). · cites it 4× “See § 627.4136(1), Fla. Stat. (1995) (claimants are required to first obtain a judgment against an insured individual as a condition precedent prior to the commencement of any legal action against the insurance company).”

Hazen v. Allstate Ins. Co., 952 So. 2d 531 (Fla. 2d DCA 2007). · cites it 11× “JoAnn Hazen, individually and as Trustee of the JoAnn Hazen Revocable Trust (Hazen), appeals the circuit court's final judgment that dismissed her action against Allstate Insurance Company (Allstate) with prejudice for noncompliance with section 627.4136, Florida Statutes…”

Geico Gen. Ins. Co. v. Martinez, 240 So. 3d 43 (Fla. 3d DCA 2018). · cites it 11× “” § 627.4136, Fla. Stat. (2016) (emphasis added).”

GEICO Gen. Ins. Co. v. Williams, 111 So. 3d 240 (Fla. 4th DCA 2013). · cites it 11× “5 million verdict following a jury trial (reduced to 0,000 against the defendant after consideration of a Fabre defendant); (2) the language of the policy should be interpreted to include coverage for attorneys’ fees; and (3) that GEICO should be added as a party to the final…”

Allied Professionals Ins. Co. v. Fitzpatrick, 169 So. 3d 138 (Fla. 4th DCA 2015). · cites it 6× “§ 627.4136, Fla. Stat. (2011). The plaintiffs also filed a motion to amend their complaint to add, as another party defendant, the chiropractor’s insurance agent who obtained the policy for the chiropractor.”

Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009). · cites it 4× “"); § 627.4136(1), Fla. Stat. (2008) ("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…”

S. Owners Ins. Co. v. Mathieu, 67 So. 3d 1156 (Fla. 2d DCA 2011). · cites it 12× “We therefore hold that where an injured third-party brings a declaratory judgment action against an insurer prior to obtaining a settlement with or verdict against the insured, the action must be dismissed.”

Geico Gen. Ins. Co. v. Harvey, 109 So. 3d 236 (Fla. 4th DCA 2013). · cites it 6× “§ 627.4136(1), Fla. Stat. (2006). The non-joinder statute prevents a third party from pursuing a direct action against an insurer for a cause of action covered by liability insurance unless the third party has first obtained a settlement or jury verdict against the insured.”

Gov't Employees Ins. Co. v. Alysia M. Macedo, 228 So. 3d 1111 (Fla. 2017). · cites it 2× “On May 1, 2014, Ma-cedo served Lombardo with a proposal for settlement for ,000, which was not accepted. The case proceeded to trial, and the jury returned a verdict in favor of Macedo in the amount of 3,954.”

Lantana Ins., Ltd. v. Thornton, 118 So. 3d 250 (Fla. 3d DCA 2013). · cites it 8× “Because the conditions mandated by section 627.4136 of the Florida Statutes have not been met, we grant the writ and quash the order denying dismissal.”

Allstate Ins. v. Stanley, 282 F. Supp. 2d 1342 (M.D. Fla. 2003). · cites it 13× “” Fla. Stat. § 627.4136 (1) (Emphasis added).”

State v. Mark Marks, PA, 698 So. 2d 533 (Fla. 1997). · cites it 5× “234 as well as the insurance code, particularly section 627.4136, Florida Statutes (1993), [11] indicated that section 817.”

Show all 108 citing cases →

— 627.4136(1) — 29 cases

Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005). “See § 627.4136(1), Fla. Stat. (1995) (claimants are required to first obtain a judgment against an insured individual as a condition precedent prior to the commencement of any legal action against the insurance company).”

Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009). “"); § 627.4136(1), Fla. Stat. (2008) ("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…”

Hazen v. Allstate Ins. Co., 952 So. 2d 531 (Fla. 2d DCA 2007). “JoAnn Hazen, individually and as Trustee of the JoAnn Hazen Revocable Trust (Hazen), appeals the circuit court's final judgment that dismissed her action against Allstate Insurance Company (Allstate) with prejudice for noncompliance with section 627.4136, Florida Statutes…”

Allstate Ins. v. Stanley, 282 F. Supp. 2d 1342 (M.D. Fla. 2003). “” Fla. Stat. § 627.4136 (1) (Emphasis added).”

Geico Gen. Ins. Co. v. Harvey, 109 So. 3d 236 (Fla. 4th DCA 2013). “§ 627.4136(1), Fla. Stat. (2006). The non-joinder statute prevents a third party from pursuing a direct action against an insurer for a cause of action covered by liability insurance unless the third party has first obtained a settlement or jury verdict against the insured.”

— 627.4136(2) — 7 cases

Progressive Exp. Ins. Co. v. Scoma, 975 So. 2d 461 (Fla. 2d DCA 2007).

GEICO Gen. Ins. Co. v. Williams, 111 So. 3d 240 (Fla. 4th DCA 2013). “5 million verdict following a jury trial (reduced to 0,000 against the defendant after consideration of a Fabre defendant); (2) the language of the policy should be interpreted to include coverage for attorneys’ fees; and (3) that GEICO should be added as a party to the final…”

Gen. Star Indem. v. Boran Craig Const., 895 So. 2d 1136 (Fla. 2d DCA 2005).

State v. Mark Marks, Pa, 654 So. 2d 1184 (Fla. 4th DCA 1995).

Rosati v. Vaillancourt, 848 So. 2d 467 (Fla. 5th DCA 2003).

— 627.4136(3) — 2 cases

Blue Cross & Blue Shield v. Halifax Ins. Plan, Inc., 961 F. Supp. 271 (M.D. Fla. 1997).

— 627.4136(4) — 25 cases

Gov't Employees Ins. Co. v. Alysia M. Macedo, 228 So. 3d 1111 (Fla. 2017). “On May 1, 2014, Ma-cedo served Lombardo with a proposal for settlement for ,000, which was not accepted. The case proceeded to trial, and the jury returned a verdict in favor of Macedo in the amount of 3,954.”

CA Seguros Catatumbo v. Herrera, 812 So. 2d 576 (Fla. 3d DCA 2002).

DeMeo v. Frenchy's Worldwide Helmets, Inc., 732 So. 2d 12 (Fla. 4th DCA 1999).

— 627.4136(l) — 1 case

Allstate Ins. v. Stanley, 282 F. Supp. 2d 1342 (M.D. Fla. 2003). “” Fla. Stat. § 627.4136 (1) (Emphasis added).”

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