ACE AMERICAN INS. CO.
v.
GREGORSKI
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A complaint for third-party coverage that fails to comply with the non-joinder provisions of section 627.4136, Florida Statutes, must be dismissed.
[1] A complaint for third-party coverage must comply with the non-joinder provisions of section 627.4136, Florida Statutes, or be subject to dismissal.
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Join FLexlaw to unlock all legal intelligenceGregorski filed a complaint for declaratory relief seeking third-party coverage from his insurer. The complaint violated the non-joinder provisions of…
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PER CURIAM.
Ace American Insurance Company (“Insurer”) seeks a writ of certiorari quashing a circuit court order denying the Insurer’s motion to dismiss the respondent’s, Mr. Gregorski’s, complaint for declaratory relief. The petition and appendix established that Mr. Gregorski’s complaint for third-party coverage failed to comply with the non-joinder provisions of section 627.4136, Florida Statutes (2017).
Mr. Gregorski’s counsel in the circuit court proceeding did not appear in response to the petition, nor did Mr. Gregorski himself file a response. Finding the petition well taken, we grant it and quash the order denying the Insurer’s motion to dismiss. Lantana Ins., Ltd. v. Thornton, 118 So. 3d 250 (Fla. 3d DCA 2013). See also GEICO Gen. Ins. Co. v. Martinez, 240 So. 3d 43 (Fla. 3d DCA 2018).
Petition granted, order quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Carlie Nolan Mancil, Jr., 354 So. 2d 1258 (Fla. 2d DCA 1978)
- Lantana Ins., Ltd. v. Thornton, 118 So. 3d 250 (Fla. 3d DCA 2013)
- Bolt v. State, 376 So. 2d 396 (Fla. 1st DCA 1979)
- Geico Gen. Ins. Co. v. Martinez, 240 So. 3d 43 (Fla. 3d DCA 2018)