THE AETNA CASUALTY AND SURETY COMPANY, A CORPORATION, APPELLANT,
v.
LEO MILLER AND LEE MILLER, EXECUTORS OF THE ESTATE OF KASRIL AUERBACH, DECEASED, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An insurance company sought to vacate an arbitration award in a dispute with the executors of a deceased insured's estate over uninsured motorist coverage. The court held that service of process on nonresident executors in arbitration proceedings can be effectuated under Florida's nonresident motorist statute, reversing the trial court's dismissal for lack of jurisdiction.
The court held that Florida's nonresident motorist statute applies to proceedings to vacate, modify, or correct arbitration awards arising from motor vehicle accidents in Florida, even when the dispute is between an insured and his own insurer, and that service on nonresident executors is permitted under Fla.Stat. Sec. 47.30.
“the language of the statute, particularly that which is emphasized above, clearly encompasses this situation. The procedure to vacate, modify or correct the arbitration award is a civil proceeding.”
Establishes that vacating an arbitration award qualifies as a 'civil proceeding' under the nonresident motorist statute
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe deceased was killed in a motor vehicle accident in Florida involving an uninsured motorist. The executors of the deceased's estate demanded damage…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Arbitration Award Vacation cases and more on FLexlaw
The deceased was killed in a motor vehicle accident in Florida with an uninsured motorist. The executors of the deceased’s estate made a demand against the appellant, the deceased’s insurer, for damages under the uninsured motorist provision of the insurance policy. Being unable to negotiate a settlement, the parties sub*12mitted the issue to arbitration pursuant to the terms of the policy. The appellant insurer then filed suit in the circuit court to vacate, modify or correct the arbitration award, and attempted to obtain service of process on the nonresident appellees under Fla.Stat., Secs. 47.29 and 47.30, F.S.A., the nonresident motorist statutes. The circuit court granted a motion to quash service of process and dismissed the action. This interlocutory appeal ensued. The appellant, apparently in doubt as to which course to pursue, also filed notice of a full appeal on this same question. Subsequently the appellant moved that the two appeals be consolidated and considered as one interlocutory appeal. The court granted this motion so the full appeal is hereby dismissed.
Fla.Stat, Sec. 57.26, F.S.A., part of the Florida Arbitration Code, provides that notice of an application for a court order in arbitration cases shall be served in the same manner as service of summons in an action. Fla.Stat., Sec. 47.29, F.S.A., provides generally that a nonresident who operates a motor vehicle in Florida designates the secretary of state as his agent for service of process "in any civil suit or proceeding instituted in the courts of the state against such operator or owner, lessee or other person entitled to control of such motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which such motor vehicle is involved.” (Emphasis added). And “If any person upon whom service of process is authorized by subsection (1) shall die, service shall be made upon his administrator, executor, curator or personal representative in the manner prescribed by § 47.30.”
Since the present dispute is between an insured and his own insurer, it is certainly an unusual case for utilizing the provisions of Fla.Stat., Sec. 47.29, F. S.A. However, the language of the statute, particularly that which is emphasized above, clearly encompasses this situation. The procedure to vacate, modify or correct the arbitration award is a civil proceeding. See Lee v. Lang, 1939, 140 Fla. 782, 192 So. 490, for definitions of the word “civil.” Furthermore, this dispute arose out of an accident or collision occurring within the state.. The statute also provides that where the nonresident has died, service of process shall be made in this manner upon his personal representative.
Although this is not the typical situation in which jurisdiction is obtained under Fla. Stat., Sec. 47.29, F.S.A., the provisions of this statute clearly include the present case. The lower court erred in quashing the service of process and dismissing for lack of jurisdiction.
Reversed.
ALLEN, Acting C. J„ and DURDEN, WILLIAM L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marion Cnty. Hosp. Dist. v. Vitall Namer, 225 So. 2d 442 (Fla. 1st DCA 1969)…Ky. 337, 156 S.W. 2d 161, 138 A.L.R. 1461; McKay v. Citizens Rapid Transit Co., 190 Va. 851, 59 S.E. 2d 121, 20 A.L.R. 2d 918.” The Florida case that comes closest to resolving the precise problem before us is Aetna Casualty & Surety Co. v. Miller, 172 So. 2d 11 (Fla.App.1965). This was a civil proceeding to vacate, modify, or correct an arbitration award under an uninsured motorist provision of an insurance contract. With reference to the application of our substituted service statute (then known as Sec. 4…
Authorities Cited
- Lee v. Lang, 140 Fla. 782 (Fla. 1939)