Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 627.4136 | Lawyer Caselaw & Research
F.S. 627.4136 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 627.4136

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 627
INSURANCE RATES AND CONTRACTS
View Entire Chapter
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.

F.S. 627.4136 on Google Scholar

F.S. 627.4136 on Casetext

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 from cite.case.law:

HUGHES, III, v. MID- CONTINENT CASUALTY COMPANY, 264 So. 3d 1053 (Fla. App. Ct. 2019)

. . . from Hughes's tort claims against Roman Flicker pursuant to Florida's Non-Joinder Statute, section 627.4136 . . .

PROGRESSIVE SELECT INSURANCE COMPANY, v. BIGNEY,, 264 So. 3d 222 (Fla. App. Ct. 2018)

. . . 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 . . .

DOE, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA,, 363 F. Supp. 3d 1358 (S.D. Fla. 2018)

. . . . § 627.4136(1) ("It shall be a condition precedent to the accrual or maintenance of a cause of action . . .

HOUSTON SPECIALTY INSURANCE COMPANY, v. VAUGHN, M. V. a, 261 So. 3d 607 (Fla. App. Ct. 2018)

. . . 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 . . .

ACE AMERICAN INSURANCE COMPANY, v. GREGORSKI,, 246 So. 3d 574 (Fla. App. Ct. 2018)

. . . Gregorski's complaint for third-party coverage failed to comply with the non-joinder provisions of section 627.4136 . . .

GEICO GENERAL INSURANCE COMPANY, v. MARTINEZ,, 240 So. 3d 43 (Fla. App. Ct. 2018)

. . . 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 . . .

GEICO GENERAL INSURANCE COMPANY, v. M. NOCELLA,, 224 So. 3d 870 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

Y. CHOI, v. AUTO- OWNERS INSURANCE COMPANY P., 224 So. 3d 882 (Fla. Dist. Ct. App. 2017)

. . . Auto-Owners contended that Florida’s nonjoinder statute, section 627.4136(1), Florida Statutes (2014) . . .

GOVERNMENT EMPLOYEES INSURANCE COMPANY, v. M. MACEDO,, 228 So. 3d 1111 (Fla. 2017)

. . . “Macedo then joined GEICO to the judgment, see § 627.4136(4), Fla. . . .

INTERNATIONAL SPECIAL EVENTS AND RECREATION ASSOCIATION, INC. s v. BELLINA LLC,, 219 So. 3d 138 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

NOVA CASUALTY COMPANY, v. WILSON DEVELOPERS, LLC, a a a d b a a C O a C. Q. a n k a D. a a a, 212 So. 3d 477 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

HILLSBOROUGH COUNTY, a L. v. STAR INSURANCE COMPANY, a, 847 F.3d 1296 (11th Cir. 2017)

. . . . § 627.4136(1), because he had not yet obtained a judgment against, or settled with, the County. . . .

LEXINGTON INSURANCE COMPANY, a v. HORACE MANN INSURANCE COMPANY, v. a, 186 F. Supp. 3d 920 (N.D. Ill. 2016)

. . . . § 627.4136(1). . . .

NEW HAMPSHIRE INDEMNITY COMPANY, v. GRAY,, 177 So. 3d 56 (Fla. Dist. Ct. App. 2015)

. . . 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). . . .

GEICO GENERAL INSURANCE COMPANY, v. LEPINE,, 173 So. 3d 1142 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

NORTH AMERICAN CAPACITY INSURANCE COMPANY, v. C. H. S. C. a C. III,, 173 So. 3d 1075 (Fla. Dist. Ct. App. 2015)

. . . that the circuit court erred in allowing C.H. to join NAC as a defendant because even though section 627.4136 . . .

ALLIED PROFESSIONALS INSURANCE COMPANY, a v. FITZPATRICK M. D. C. J., 169 So. 3d 138 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

STARR INDEMNITY LIABILITY CO. v. S. MORRIS,, 155 So. 3d 429 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

ATLANTIC MARINE FLORIDA, LLC, v. EVANSTON INSURANCE COMPANY,, 775 F.3d 1268 (11th Cir. 2014)

. . . This feature of Endorsement No. 11 mirrored the procedure required by Florida • Statutes § 627.4136, . . .

MORALES, v. ZENITH INSURANCE COMPANY,, 152 So. 3d 557 (Fla. 2014)

. . . .” § 627.4136(1), Fla. Stat. (2009). . . .

J. B. HUNT TRANSPORT, INC. v. S D TRANSPORTATION, INC., 589 F. App'x 930 (11th Cir. 2014)

. . . . § 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. . . .

STAR INSURANCE COMPANY, a v. L. DOMINGUEZ, a, 141 So. 3d 690 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

STATE NATIONAL INSURANCE COMPANY, v. ROBERT,, 139 So. 3d 949 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

KONG, v. ALLIED PROFESSIONAL INSURANCE COMPANY,, 750 F.3d 1295 (11th Cir. 2014)

. . . . § 627.4136. . . .

K. MARCUM v. HAYWARD,, 136 So. 3d 695 (Fla. Dist. Ct. App. 2014)

. . . Hayward’s motion to join Allstate as a party defendant to the final judgment pursuant to section 627.4136 . . .

BEAZLEY INSURANCE COMPANY, INC. v. BANERJEE A B, 123 So. 3d 1184 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

UCF ATHLETICS ASSOCIATION INC. v. PLANCHER,, 121 So. 3d 616 (Fla. Dist. Ct. App. 2013)

. . . See § 627.4136(1), Fla. . . . immunity attached to the judgment before Great American was added to the merits and costs judgment. § 627.4136 . . .

LANTANA INSURANCE, LTD. v. C. THORNTON, III, 118 So. 3d 250 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

MORALES, Jr. SM RM, III v. ZENITH INSURANCE COMPANY,, 714 F.3d 1220 (11th Cir. 2013)

. . . . § 627.4136(1); see Hazen, 952 So.2d at 534. IV. . . . Zenith does not address Florida Statute § 627.4136. . . .

GEICO GENERAL INSURANCE COMPANY, v. WILLIAMS,, 111 So. 3d 240 (Fla. Dist. Ct. App. 2013)

. . . 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). . . .

GEICO GENERAL INSURANCE COMPANY, v. M. HARVEY,, 109 So. 3d 236 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

LIBERTY INSURANCE CORPORATION, v. M. MILNE P., 98 So. 3d 613 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

BODYWELL NUTRITION, LLC, a v. FORTRESS SYSTEMS, LLC, a d b a FSI, 846 F. Supp. 2d 1317 (S.D. Fla. 2012)

. . . . § 627.4136, was amended to include subsection (4). . . . Stat. 627.4136(4) (emphasis added). . . .

NORTHLAND INSURANCE COMPANY, v. TOP RANK TRUCKING OF KISSIMMEE, INC. L. M. L. F. L. J. M. M. A. R., 823 F. Supp. 2d 1293 (M.D. Fla. 2011)

. . . Northland asserts that, pursuant to section 627.4136, Florida Statutes, it cannot be joined in the state-court . . .

STATE NATIONAL INSURANCE COMPANY, v. ROBERT,, 71 So. 3d 238 (Fla. Dist. Ct. App. 2011)

. . . 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. . . .

MONROE, v. CONTINENTAL TIRE THE AMERICAS, LLC, v. LLC,, 807 F. Supp. 2d 1129 (M.D. Fla. 2011)

. . . . § 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 . . .

SOUTHERN OWNERS INSURANCE COMPANY, v. L. MATHIEU R. L. L. R. R. L. L. R. L. R., 67 So. 3d 1156 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

MID- CONTINENT CASUALTY COMPANY, v. UNITED RENTALS, INC., 62 So. 3d 1173 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

JENNINGS CONSTRUCTION SERVICES CORPORATION, v. ACE AMERICAN INSURANCE COMPANY,, 783 F. Supp. 2d 1209 (M.D. Fla. 2011)

. . . . ¶ 32); see § 627.4136(1), Fla. Stat. . . .

MT. HAWLEY INSURANCE CO. v. SARASOTA RESIDENCES, LLC LLC LLC, 714 F. Supp. 2d 1176 (M.D. Fla. 2010)

. . . . § 627.4136(1) (emphasis added). . . .

HERMITAGE INSURANCE COMPANY, v. OXYGEN IN THE GROVE,, 30 So. 3d 549 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

J. GONZALEZ, v. CLAYWELL,, 24 So. 3d 1260 (Fla. Dist. Ct. App. 2009)

. . . Under section 627.4136, Florida Statutes, before a party can sue an insurer, the party must obtain a . . .

WORTHINGTON COMMUNITIES, INC. v. MEJIA RSKO d b a ASC, 28 So. 3d 79 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

J. BLAU, v. BILL HEARD CHEVROLET CORPORATION- ORLANDO,, 422 B.R. 293 (N.D. Ala. 2009)

. . . . § 627.4136 (emphasis added); Allstate Ins. Co. v. Stanley, 282 F.Supp.2d 1342 (M.D.Fla.2003). . . .

METROPOLITAN CASUALTY INSURANCE COMPANY, v. TEPPER,, 2 So. 3d 209 (Fla. 2009)

. . . .”); § 627.4136(1), Fla. . . .

MUCHA, v. ATLAS VAN LINES, INC., 989 So. 2d 697 (Fla. Dist. Ct. App. 2008)

. . . The trial court dismissed the complaint based upon section 627.4136, Florida Statutes (2007), Florida . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 985 So. 2d 1036 (Fla. 2008)

. . . The Legislature subsequently renumbered section 627.7262 as section 627.4136, Florida Statutes (Supp.1992 . . .

DOLLAR SYSTEMS, INC. v. ELVIA,, 967 So. 2d 447 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

PROGRESSIVE EXPRESS INSURANCE COMPANY, v. SCOMA,, 975 So. 2d 461 (Fla. Dist. Ct. App. 2007)

. . . Currently codified at section 627.4136(2), Florida Statutes (2006). . . .

HAZEN, v. ALLSTATE INSURANCE COMPANY,, 952 So. 2d 531 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

In DOLPHINITE, INC. W. v. C. C., 355 B.R. 391 (Bankr. D. Mass. 2006)

. . . . § 627.4136. . . . St. § 627.4136. Florida court’s have construed this statute to be substantive in nature. . . .

ACE AMERICAN INSURANCE COMPANY, v. HCP III OF BRADENTON, INC. a d b a IHS A. J., 913 So. 2d 1280 (Fla. Dist. Ct. App. 2005)

. . . Although, pursuant to section 627.4136(4), Florida Statutes (2004), a liability carrier may be joined . . .

JONES, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 908 So. 2d 435 (Fla. 2005)

. . . See § 627.4136(1), Fla. . . . See § 627.4136(1), Fla. Stat. (1995); § 631.68, Fla. Stat. (1995). . . .

GENERAL STAR INDEMNITY CO. v. BORAN CRAIG BARBER ENGEL CONSTRUCTION CO. INC., 895 So. 2d 1136 (Fla. Dist. Ct. App. 2005)

. . . General Star’s motion was based on Florida’s nonjoinder statute, § 627.4136, Fla. Stat. (2003). . . . . § 627.4136(1) (emphasis supplied). . . . . § 627.4136(2). . . .

BERGES, v. INFINITY INSURANCE COMPANY,, 896 So. 2d 665 (Fla. 2004)

. . . See § 627.4136, Fla. Stat. (2003); Van Bibber v. Hartford Accident & Indemnity Ins. . . .

ALTADIS USA, INC. Co. v. NPR, INC. B- B- N. A., 344 F. Supp. 2d 1349 (M.D. Fla. 2004)

. . . 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 . . .

CLARK CONSTRUCTION GROUP, INC. a v. HELLMUTH, OBATA KASSABAUM, INC. a a v. P. a a a a, 286 F. Supp. 2d 1348 (M.D. Fla. 2003)

. . . Stat. ch. 627.4136. . . . .

ALLSTATE INSURANCE COMPANY, v. STANLEY, 282 F. Supp. 2d 1342 (M.D. Fla. 2003)

. . . 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). . . .

ROSATI, v. B. VAILLANCOURT,, 848 So. 2d 467 (Fla. Dist. Ct. App. 2003)

. . . 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). . . .

ACE AMERICAN INSURANCE CO. v. PARADISE DIVERS, INC., 216 F.R.D. 537 (S.D. Fla. 2003)

. . . . § 627.4136, bars Upmal’s intervention, as asserted by Ace American. . . .

HERRERA v. C. A. SEGUROS CATATUMBO, a, 844 So. 2d 664 (Fla. Dist. Ct. App. 2003)

. . . related action against the airline to add Catatumbo as an additional defendant pursuant to section 627.4136 . . .

AUTO OWNERS INSURANCE COMPANY, v. TRAVELERS CASUALTY SURETY COMPANY, v. v., 227 F. Supp. 2d 1248 (M.D. Fla. 2002)

. . . . § 627.4136(2). . . .

L. NEVAREZ, v. ANN FRISKNEY,, 817 So. 2d 856 (Fla. Dist. Ct. App. 2002)

. . . See § 627.4136, Fla. Stat. (2001). We disagree. . . .

C. A. SEGUROS CATATUMBO, v. HERRERA, 812 So. 2d 576 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

WILLIAMS v. FREEMAN,, 792 So. 2d 683 (Fla. Dist. Ct. App. 2001)

. . . was added to the tort judgment because the trial court deemed it the school’s insurer under section 627.4136 . . .

AMERICAN EQUITY INS. CO. v. VAN GINHOVEN J., 788 So. 2d 388 (Fla. Dist. Ct. App. 2001)

. . . court erred in consolidating the liability and declaratory judgment actions in violation of section 627.4136 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a v. INTERAMERICAN CAR RENTAL, INC. a, 781 So. 2d 500 (Fla. Dist. Ct. App. 2001)

. . . amended its complaint, adding a claim for indemnification as a third-party beneficiary under Section 627.4136 . . .

SPARKS, v. BARNES,, 755 So. 2d 718 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

DeMEO, v. FRENCHY S WORLDWIDE HELMETS, INC. s, 732 So. 2d 12 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

SMITH, v. M. ST. VIL,, 714 So. 2d 603 (Fla. Dist. Ct. App. 1998)

. . . The insurer moved to dismiss under our non-joinder of insurers statute, section 627.4136, Florida Statutes . . .

In HAEGER, COMMERCIAL CASUALTY INSURANCE COMPANY OF GEORGIA, v. HAEGER,, 221 B.R. 548 (Bankr. M.D. Fla. 1998)

. . . 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 . . .

STATE v. MARK MARKS, P. A., 698 So. 2d 533 (Fla. 1997)

. . . 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. . . . .

PEZZI v. BROWN, Jr. Co. a, 697 So. 2d 883 (Fla. Dist. Ct. App. 1997)

. . . See generally § 627.4136, Fla. Stat. (1995). . . .

FLORIDA FARM BUREAU GENERAL INSURANCE COMPANY, v. COPERTINO T., 693 So. 2d 642 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

BLUE CROSS AND BLUE SHIELD, OF MICHIGAN, v. HALIFAX INSURANCE PLAN, INC., 961 F. Supp. 271 (M.D. Fla. 1997)

. . . 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). . . .

CAMPEN, v. C. MILLER, II,, 668 So. 2d 342 (Fla. Dist. Ct. App. 1996)

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

CANAL INSURANCE COMPANY, v. REED,, 666 So. 2d 888 (Fla. 1996)

. . . 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 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. C. M. D. v. E. KINSEY, Jr., 655 So. 2d 1191 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

GOLDEN DOOR JEWELRY CREATIONS, INC. Co. v. LLOYDS UNDERWRITERS, LEACH GARNER CO. v. WRIGHT,, 888 F. Supp. 1150 (S.D. Fla. 1995)

. . . . § 627.4136 requires that a non-insured first obtain a settlement or verdict against the insured before . . .

STATE v. MARK MARKS, P. A. STATE v. MARK MARKS, P. A. a k a, 654 So. 2d 1184 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

H. ASHRAF, M. D. v. SMITH,, 647 So. 2d 892 (Fla. Dist. Ct. App. 1994)

. . . plaintiffs post-judgment motion pursuant to Section 627.7262, Florida Statutes (1991) (currently Section 627.4136 . . .

MERCHANTS AND BUSINESSMEN S MUTUAL INSURANCE COMPANY, v. BENNIS C. Co. a a, 636 So. 2d 593 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

BOLUFE, v. RAMIREZ, 626 So. 2d 286 (Fla. Dist. Ct. App. 1993)

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