The 2023 Florida Statutes (including Special Session C)
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. . . from Hughes's tort claims against Roman Flicker pursuant to Florida's Non-Joinder Statute, section 627.4136 . . .
. . . See § 627.4136, Fla. Stat. (2017). . . . Section 627.4136(1), provides: It shall be a condition precedent to the accrual or maintenance of a cause . . .
. . . . § 627.4136(1) ("It shall be a condition precedent to the accrual or maintenance of a cause of action . . .
. . . Houston's position, if accepted, would eviscerate Florida's nonjoinder statute, section 627.4136, Florida . . . an insured under the terms of such policy for a cause of action which is covered by such policy. § 627.4136 . . . an interest in the tortfeasor's liability policy until a judgment is entered against the insured. § 627.4136 . . . Nail, 516 So.2d 1022, 1022 (Fla. 5th DCA 1987) ("[ Section 627.4136 ] reflects the public policy that . . .
. . . Gregorski's complaint for third-party coverage failed to comply with the non-joinder provisions of section 627.4136 . . .
. . . bad-faith claim filed in contravention of the express requirements of the nonjoinder statute ( section 627.4136 . . . ANALYSIS The nonjoinder statute, section 627.4136, Florida Statutes (2016), provides in pertinent part . . . Lantana moved to dismiss plaintiffs' third-party complaint, contending that section 627.4136 barred such . . . In fact, under subsection (2) of 627.4136, Martinez is declared to have no interest in the GEICO insurance . . . would no longer be "a person not an insured under the terms of the liability insurance contract." § 627.4136 . . .
. . . Franklin pursuant to section 627.4136(4), Florida Statutes.(2016). . . . Section 627.4136(4) states that a liability insurer may be joined as a party defendant as follows: “At . . . Accordingly, she failed to . satisfy both section 627.4136(4) and the fifteen-day requirement in rule . . .
. . . Auto-Owners contended that Florida’s nonjoinder statute, section 627.4136(1), Florida Statutes (2014) . . .
. . . “Macedo then joined GEICO to the judgment, see § 627.4136(4), Fla. . . .
. . . The complaint acknowledged the existence of Florida’s Nonjoinder Statute, section 627.4136,Florida Statutes . . . (2016), which provides, in pertinent part: 627.4136.Nonjoinder of Insurers (1) It shah be a condition . . . However, the complaint averred that sec-tibn 627.4136 did not apply to the instant law suit because Insurers . . . .Upon review, the trial court correctly held that the language of section 627.4136 is sufficiently specific . . . the court denied the motions and abated/stayed Beilina’s action pending his compliance with section 627.4136 . . .
. . . petition, Nova argues that joinder was improper because Sound failed to meet the requirements of section 627.4136 . . . Sound’s motion was untimely under section 627.4136(4), because it was not filed at the time of final . . .
. . . . § 627.4136(1), because he had not yet obtained a judgment against, or settled with, the County. . . .
. . . . § 627.4136(1). . . .
. . . joined because Appellee failed to comply with the statutory service provision found within section 627.4136 . . . NHIC asserted that Appellee failed to comply with section 627.4136(4), Florida Statutes, by not serving . . . Eaton Vance Distributors, Inc., 764 So.2d 731, 733 (Fla. 2d DCA 2000), and section 627.4136, Florida . . . Critically, the court explained: “Although, pursuant to section 627.4136(4), Florida Statutes (2004), . . . In our view, this is an abuse of an insurer’s right under section 627.4136(1). . . .
. . . The nonjoinder statute, section 627.4136, Florida Statutes (2014), provides, in part, as follows: Nonjoinder . . . Section 627.4136(4) allows the insurer to be joined as a party defendant only “[a]t the time a judgment . . .
. . . that the circuit court erred in allowing C.H. to join NAC as a defendant because even though section 627.4136 . . .
. . . filed a motion to join the insurer as a party defendant to the plaintiffs’ action pursuant to section 627.4136 . . . Section 627.4136 states, in pertinent part: (1) It shall be a condition precedent to the accrual or maintenance . . . provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2).... § 627.4136 . . . plaintiffs’ motion to join the insurer as a party defendant to the plaintiffs’ action pursuant to section 627.4136 . . .
. . . Morris’s (“Morris”) claim against Starr based on Florida’s non-joinder statute, section 627.4136 of the . . . Florida’s nonjoinder statute provides, in relevant part: 627.4136. . . . The contractual provisions authorized in this subsection shall be fully enforceable. § 627.4136. “ ‘The . . . Morris contends that section 627.4136 does not apply in this instance because she has pled a direct claim . . . Morris is correct that section 627.4136 does not technically apply when a claimant alleges that he or . . .
. . . This feature of Endorsement No. 11 mirrored the procedure required by Florida • Statutes § 627.4136, . . .
. . . .” § 627.4136(1), Fla. Stat. (2009). . . .
. . . . § 627.4136, alleging that North-land is liable for the judgment as S & D’s insurer. . . . Stat. § 627.4136 Turning first to the magistrate judge’s order refusing to join Northland pursuant to . . . Stat. § 627.4136, we hold that we lack appellate jurisdiction, and we therefore dismiss this portion . . . Stat. § 627.4136. (Order Approving Report of Magistrate Judge; Overruling Objections, Doe. 157). . . . Stat. § 627.4136 and affirm the district court’s denial of J.B. . . .
. . . Dominguez has not met the conditions precedent of the nonjoinder statute, section 627.4136, Florida Statutes . . . Section 627.4136(1) expressly states that a cause of action against an insurance company by a party who . . .
. . . an insurer to those judgments without first determining whether the condition precedent of section 627.4136 . . . statements, or comments regarding the court’s determination of the Roberts’ satisfaction of section 627.4136 . . . statements, or comments regarding the court’s determination of the Roberts’ satisfaction of section 627.4136 . . . not contain findings, statements, or comments regarding the interplay of the policy language, section 627.4136 . . . amended final judgments based upon the Roberts’ failure to satisfy the condition precedent of section 627.4136 . . .
. . . . § 627.4136. . . .
. . . Hayward’s motion to join Allstate as a party defendant to the final judgment pursuant to section 627.4136 . . .
. . . with a motion to dismiss, claiming that the declaratory judgment claim was in violation of section 627.4136 . . . the time Beazley was added as a defendant to the lawsuit in July 2012, joinder was barred by section 627.4136 . . . provisions of s. 627.426(2) or defended under a reservation of rights pursuant to s. 627.426(2).” § 627.4136 . . .
. . . See § 627.4136(1), Fla. . . . immunity attached to the judgment before Great American was added to the merits and costs judgment. § 627.4136 . . .
. . . Because the conditions mandated by section 627.4136 of the Florida Statutes have not been met, we grant . . . Lantana moved to dismiss the third party complaint arguing that section 627.4136 barred such third party . . . an insured under the terms of such policy for a cause of action which is covered by such policy. § 627.4136 . . . However, when an insurer demonstrates that the pre-suit requirements of section 627.4136 have not been . . . Mathieu, 67 So.3d at 1158 (“[Wjhere an insurer asserts that the presuit requirements of section 627.4136 . . .
. . . . § 627.4136(1); see Hazen, 952 So.2d at 534. IV. . . . Zenith does not address Florida Statute § 627.4136. . . .
. . . attorneys’ fees; and (3) that GEICO should be added as a party to the final judgment under section 627.4136 . . . See § 627.4136(4), Fla. Stat. (1991); see also Fla. R. Civ. P. 1.530(b). . . . purpose of recovering taxable costs or attorneys’ fees which would be recoverable by the insured. § 627.4136 . . . Herrera, 812 So.2d 576, 577 (Fla. 3d DCA 2002), stands for the proposition that section 627.4136(4) “ . . . § 627.4136(4), Fla. Stat. (1991). . . .
. . . On April 2011, pursuant to section 627.4136(4), Florida Statutes (2006), the estate was permitted to . . . an insured under the terms of such policy for a cause of action which is covered by such policy. § 627.4136 . . . of the insurer solely “for the purposes of entering final judgment or enforcing the settlement.” § 627.4136 . . .
. . . was joined as a party defendant — but only for the limited purpose of the nonjoinder statute, section 627.4136 . . . Section 627.4136 provides for the nonjoin-der of insurers in actions in which insurance coverage exists . . . Subsection 627.4136(4) provides as follows: (4) At the time a judgment is entered or a settlement is . . .
. . . . § 627.4136, was amended to include subsection (4). . . . Stat. 627.4136(4) (emphasis added). . . .
. . . Northland asserts that, pursuant to section 627.4136, Florida Statutes, it cannot be joined in the state-court . . .
. . . liability insurer, State National Insurance Company (State National), as a defendant, pursuant to section 627.4136 . . . adding State National without first determining whether the Roberts met the condition precedent of 627.4136 . . . posture of this case because the trial court failed to address the conditions precedent under section 627.4136 . . . Section 627.4136(1), (4), Florida Statutes (2006), states: 627.4136. . . .
. . . . § 627.4136 requires Plaintiffs to obtain a judgment against EHF, the insured, prior to collecting a . . . Stat. § 627.4136 requires Plaintiffs to establish EHF’s liability and obtain a judgment against EHF prior . . .
. . . Section 627.4136(1) expressly states that a cause of action against an insurance company by a party who . . . To allow a party to avoid the application of section 627.4136 by merely instituting a separate action . . . Such an interpretation would nullify the protection offered by section 627.4136. . . . See § 627.4136; Dollar Syss., Inc., 967 So.2d at 449. . . . Originally, section 627.7262 — which eventually was renumbered to section 627.4136— provided that an . . .
. . . including the two claims in one pending lawsuit would violate Florida’s non-joinder statute, section 627.4136 . . . Florida’s non-joinder of insurers statute, section 627.4136(1), Florida Statutes, provides in part: It . . .
. . . . ¶ 32); see § 627.4136(1), Fla. Stat. . . .
. . . . § 627.4136(1) (emphasis added). . . .
. . . Although Hermitage was not eligible to be named as a defendant in the final judgment at this time, see § 627.4136 . . . Hemra, 812 So.2d 576, 577 (Fla. 3d DCA 2002) (“Under the terms of [section 627.4136(4), Florida Statutes . . .
. . . Under section 627.4136, Florida Statutes, before a party can sue an insurer, the party must obtain a . . .
. . . had a separate issue that it wished to brief concerning its inclusion on the judgment under section 627.4136 . . . Ohio Casualty, as Worthington’s insurer, was added as a party to the lawsuit pursuant to section 627.4136 . . .
. . . . § 627.4136 (emphasis added); Allstate Ins. Co. v. Stanley, 282 F.Supp.2d 1342 (M.D.Fla.2003). . . .
. . . .”); § 627.4136(1), Fla. . . .
. . . The trial court dismissed the complaint based upon section 627.4136, Florida Statutes (2007), Florida . . .
. . . The Legislature subsequently renumbered section 627.7262 as section 627.4136, Florida Statutes (Supp.1992 . . .
. . . insurer where the plaintiff failed to comply with the statutory condition precedent contained in section 627.4136 . . . As Elvia contends, dismissal of the declaratory action was proper under section 627.4136, which provides . . . To avoid the application of section 627.4136, Dollar cites a number of cases, but they are distinguishable . . . The court recognized that absent the “additional insured” allegation, section 627.4136 would have barred . . .
. . . Currently codified at section 627.4136(2), Florida Statutes (2006). . . .
. . . action against Allstate Insurance Company (Allstate) with prejudice for noncompliance with section 627.4136 . . . an insured under the terms of such policy for a cause of action which is covered by such policy. § 627.4136 . . . In 1992, section 627.7262 was transferred and renumbered as section 627.4136. . . . insurer when a judgment is entered or a settlement is reached during the pendency of litigation. § 627.4136 . . . The statute declares that such provisions "shall be fully enforceable.” § 627.4136(3). . . . a claim [fails to] satisfy the alternative condition precedent of settlement described in [section 627.4136 . . . The majority’s understanding of the term “settlement” in section 627.4136 is at odds with both the plain . . . Allstate, as an insurer, was satisfied and the bar of the nonjoinder statute was not applicable. § 627.4136 . . .
. . . . § 627.4136. . . . St. § 627.4136. Florida court’s have construed this statute to be substantive in nature. . . .
. . . Although, pursuant to section 627.4136(4), Florida Statutes (2004), a liability carrier may be joined . . .
. . . See § 627.4136(1), Fla. . . . See § 627.4136(1), Fla. Stat. (1995); § 631.68, Fla. Stat. (1995). . . .
. . . General Star’s motion was based on Florida’s nonjoinder statute, § 627.4136, Fla. Stat. (2003). . . . . § 627.4136(1) (emphasis supplied). . . . . § 627.4136(2). . . .
. . . See § 627.4136, Fla. Stat. (2003); Van Bibber v. Hartford Accident & Indemnity Ins. . . .
. . . Against National Union Insurance Company in Accordance with Ohio Statute 3929.06 or Florida Statute 627.4136 . . . American Eastern Development Corp., 374 So.2d 517 (Fla.1979); Fla Stat. § 627.4136(4). . . . In addition, although Altadis attempts to claim that it is entitled to judgment under Section 627.4136 . . . As such, National argues that there is no basis for judgment under Section 627.4136, Florida Statutes . . . Against National Union Insurance Company in Accordance with Ohio Statute 3929.06 or Florida Statute 627.4136 . . .
. . . Stat. ch. 627.4136. . . . .
. . . Allstate moves to dismiss the counterclaim and argues that section 627.4136(1), Florida Statutes, bars . . . However, the Florida Supreme Court has declared section 627.4136(1) substantive in VanBibber v. . . . further reinforces section 627.4136(l)’s substantive nature. . . . Accordingly, the Court must apply section 627.4136(1) in this action. . . . Stat. § 627.4136(1) (Emphasis added). . . .
. . . funds for attorney’s fees and costs but that Arbella, pursuant to the non-joinder statute, section 627.4136 . . . Section 627.4136(1), Florida Statutes, provides the general prohibition against joining a liability insurer . . . The remaining question concerns whether subsection 627.4136(2) of the nonjoinder statute contemplates . . . Subsection 627.4136(2), rather than authorizing the insured to sue for the use and benefit of the real . . . We remand to permit Arbella to move for an award of fees and costs pursuant to section 627.4136(2). . . .
. . . . § 627.4136, bars Upmal’s intervention, as asserted by Ace American. . . .
. . . related action against the airline to add Catatumbo as an additional defendant pursuant to section 627.4136 . . .
. . . . § 627.4136(2). . . .
. . . See § 627.4136, Fla. Stat. (2001). We disagree. . . .
. . . in the tort action to add the insurance company as an additional defendant, pursuant to subsection 627.4136 . . . amend the tort judgment to add the insurance company as an additional defendant pursuant to subsection 627.4136 . . . Subsection 627.4136(4) provides: (4) At the time a judgment is entered or a settlement is reached dining . . .
. . . was added to the tort judgment because the trial court deemed it the school’s insurer under section 627.4136 . . .
. . . court erred in consolidating the liability and declaratory judgment actions in violation of section 627.4136 . . .
. . . amended its complaint, adding a claim for indemnification as a third-party beneficiary under Section 627.4136 . . .
. . . In her cross-appeal, Barnes challenges the trial judge’s denial of her motion under section 627.4136, . . . argues that the offer of judgment statute (section 768.79) coupled with the nonjoinder statute (section 627.4136 . . . While Barnes argues that the nonjoinder statute (section 627.4136) authorizes her to join Oak Casualty . . .
. . . an amended final judgment that joined Evanston Insurance Company (“Evanston”), pursuant to section 627.4136 . . . of the verdict and judgment, DeMeo filed a motion to amend the final judgment, pursuant to section 627.4136 . . . cases addresses joinder of an insurance company as a party defendant or the application of section 627.4136 . . . Therefore, Evanston could not be joined pursuant to section 627.4136(4). . . . However, except as to claims pursuant to section 627.4136(4), Florida Statutes, neither this opinion . . .
. . . The insurer moved to dismiss under our non-joinder of insurers statute, section 627.4136, Florida Statutes . . .
. . . The Plaintiff opposes this Motion based on Florida Statute § 627.4136, the nonjoinder statute. . . . finds that Bothee is not precluded from intervening in this adversary proceeding by Florida Statute § 627.4136 . . . This Court, therefore, concludes that Florida Statute § 627.4136 would not preclude Bothee’s intervention . . .
. . . determined that the structure of section 817.234 as well as the insurance code, particularly section 627.4136 . . . The trial court offered section 627.4136, Florida Statutes (1993), the nonjoinder statue, as the primary . . . Section 627.4136 is Florida's nonjoinder statute. . . . .
. . . See generally § 627.4136, Fla. Stat. (1995). . . .
. . . Florida Farm Bureau seeks certiorari from that order, alleging that the intervention violates section 627.4136 . . . Section 627.4136 provides in pertinent part: (1) It shall be a condition precedent to the accrual or . . . four of the claimants who were permitted to intervene moved the court to sever pursuant to section 627.4136 . . .
. . . amended complaint on the grounds that it violates Florida’s nonjoinder statute, Florida Statutes § 627.4136 . . . Stat. § 627.4136(1). . . . Stat. § 627.4136(2). . . . Stat. § 627.4136(3). . . . Stat. § 627.4136 (emphasis added). . . .
. . . See § 627.4136, Fla.Stat. (1993); see also State Farm, Fire & Casualty Co. v. . . .
. . . Subsequent to the incident at issue in our Bruns decision, the legislative amendment to section 627.4136 . . . including an alleged tort-feasor’s insurance carrier as a party in a suit against the alleged tortfeasor. § 627.4136 . . . stated: The incident here occurred prior to the effective date of section 627.7262 [currently section 627.4136 . . . We reach this conclusion in part because of the existence of section 627.4136, and in part because of . . .
. . . Appellees argued that they were entitled to join the insurer pursuant to section 627.4136(4), Florida . . . Appellants responded that section 627.4136(4) was inapplicable, because no “settlement” was involved, . . . denied, or that appellants’ defense had been undertaken subject to a valid reservation of rights. § 627.4136 . . .
. . . . § 627.4136 requires that a non-insured first obtain a settlement or verdict against the insured before . . .
. . . It also looked at the language in the current nonjoinder statute, section 627.4136, Florida Statutes . . . The trial court relied upon the current nonjoinder statute, section 627.4136, Florida Statutes (1993) . . . Section 627.4136(1) provides that a condition precedent to the accrual of a cause of action by someone . . . Section 627.4136(2) states that no person other than an insured has an interest in a policy until obtaining . . . word “claimant” in 817.234(3) was governed by the language in the current nonjoinder statute, section 627.4136 . . .
. . . plaintiffs post-judgment motion pursuant to Section 627.7262, Florida Statutes (1991) (currently Section 627.4136 . . .
. . . The insurer moved to sever, relying upon the non-joinder statute, section 627.4136, Florida Statutes . . . Section 627.4136, Florida Statutes (1993), provides in pertinent part: (1) It shall be a condition precedent . . .
. . . See § 627.7262, Fla.Stat. (1991) (renumbered § 627.4136, Fla.Stat. (Supp.1992)), Affirmed. . . .