VIRGILIO QUINONES, PETITIONER,
v.
CORAL ROCK, INC., A DELAWARE CORPORATION, INDIVIDUALLY AND AS OWNER OF THE VESSELS LOBSTER FARMS III, LOBSTER FARMS IV, CORAL ROCK I, AND CORAL ROCK II; LOBSTER FARMS, INC., A DELAWARE CORPORATION, INDIVIDUALLY AND AS OWNER OF THE VESSELS, LOBSTER FARMS I AND LOBSTER FARMS II, RESPONDENTS
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The court held that the insurance policy was one of indemnity against liability, not loss actually paid, allowing joinder of the insurer.
Petitioner sued for maritime personal injuries against vessel owners insured under a Protection and Indemnity policy. The trial court denied leave to …
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Petitioner, Virgilio Quinones, seeks a writ of common law certiorari under rule 4.5, Florida Appellate Rules, 32 F.S.A., to review a circuit court order recorded November 30, 1971 from which a petition for rehearing was denied. The order appealed denied leave to petitioner, plaintiff below, to file a fourth amended complaint adding Fireman’s Insurance Company as a defendant.
Petitioner filed suit for maritime personal injuries. The original defendants were the owners of the vessels involved, which were insured under a “Protection and Indemnity” maritime insurance policy.
The court below impliedly held that the policy, by its terms, only became applicable after defendant Coral Rock, Inc. paid an adverse judgment, so that the insurance company was‘not a real party in interest. The petition alleges and we agree that the decision below conflicts with DaCosta v. General Guaranty Insurance Company, Fla.1969, 226 So.2d 104 and the insurance joinder cases of Shingleton v. Bussey, Fla.1969, 223 So.2d 713, Beta Eta House Corporation, Inc. of Tallahassee v. Gregory, Fla.1970, 237 So.2d 163, and Stecher v. Pomeroy, Fla.1971, 253 So.2d 421, thereby departing from the essential requirements of law for which appellate review can not otherwise be secured.
The DaCosta case, supra, held that virtually identical' policy language rendered the policy to be one of indemnity against liability rather than indemnity against loss actually paid. Therefore, under the insurance joinder cases, supra, the lower court departed from the essential requirements of law in failing to allow joinder of the maritime insuror.
Therefore, we grant the writ and quash the order appealed with directions to allow joinder.
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Osborne v. Elizabeth Massey Inv. Corp., 467 So. 2d 1095 (Fla. 4th DCA 1985)…ingleton v. Bussey was addressed to motor vehicle liability cases and should not be applied to a marine insurer. We can see absolutely no reason to differentiate between the two for purposes of this issue. We agree with Quinones v. Coral Rock, Inc., 258 So. 2d 485 (Fla. 3d DCA 1972), wherein the court expressly held that under Shingleton v. Bussey a marine insurer could be joined as a defendant by a plaintiff alleging maritime personal injury. See Steelmet, Inc. v. Caribe Towing Corp., 747 F. 2d 689, 696 (11t…
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Steelmet, Inc. v. Caribe Towing Corp., 779 F.2d 1485 (11th Cir. 1986)…in which the Florida Supreme Court had held that, as a matter of Florida public policy, a third party beneficiary under a motor vehicle liability policy could maintain a direct action against the insurer. Also we cited Quinones v. Coral Rock, Inc., 258 So. 2d 485, 486 (Fla. 3d D.C.A.1972), in which the Florida Third District Court of Appeal held that Shingleton and following cases permitted joinder, in a suit for maritime personal injuries, of the maritime insurer on a protection and indemnity maritime polic…
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Steelmet, Inc. v. Caribe Towing Corp., 747 F.2d 689 (11th Cir. 1984)…ey, 223 So. 2d 713, 716 (Fla.1969) (“third party beneficiary doctrine encompasses, substantively speaking, a cause of action against an insurer in favor of members of the public injured through the acts of an insured”); Quinones v. Coral Rock, Inc., 258 So. 2d 485, 486 (Fla.Dist.Ct.App.1972) (application of rule to P & I policy). Stéelmet is entitled to pursue its action against the insurers on remand. The insurers argue that MEC cannot be liable to Steelmet, and. thus the insurers not liable to MEC, because…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shingleton v. Bussey, 223 So. 2d 713 (Fla. 1969)
- Gulf Stream Motors, Inc. v. Christina Cook & the Fla. Indus. Comm'n, 223 So. 2d 713 (Fla. 1969)
- Beta ETA House Corp. v. Gregory, 237 So. 2d 163 (Fla. 1970)
- In re Florida Rules of Criminal Procedure, 253 So. 2d 421 (Fla. 1971)
- DaCOSTA v. Gen. Guar. Ins. Co. OF Fla., 226 So. 2d 104 (Fla. 1969)