WILLIAM K. BARRETT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CRYSTAL LYNN BARRETT, A MINOR, DECEASED, PETITIONER (PLAINTIFF),
v.
DOTTIE DELORES GILL AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A FOREIGN CORPORATION, RESPONDENTS (DEFENDANTS)
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Barrett, as representative of his deceased daughter's estate, challenged a trial court order severing State Farm Insurance from a wrongful death action arising from a 1976 automobile accident. The appellate court held that the statute relied upon for severance did not apply retroactively to accidents occurring before its October 1, 1976 effective date, and under pre-statute public policy, an insurer could be joined as a defendant absent a justiciable insurance-coverage dispute.
The court held that Section 627.7262(1) was not applicable because the accident occurred on May 2, 1976, before the statute's October 1, 1976 effective date, and the statute applied only to claims arising from accidents occurring after that date. Under the pre-statute public policy expressed in Shingleton v. Bussey, an insurer could be joined as a party defendant in motor vehicle liability cases, and severance was improper absent a justiciable issue relating to insurance coverage.
[1] A statute's effective date and its applicability to claims arising from accidents occurring on or after that date determine whether the statute governs a particular case.
[2] Prior to October 1, 1976, Florida public policy permitted the joinder of a motor vehicle liability insurer as a party defendant in an action to determine the insured's li…
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Join FLexlaw to unlock all legal intelligence“Section 627.7262(1) is not applicable to this case. The accident giving rise to this action occurred on 2 May 1976 and the action was filed on 27 September 1976. The statute did not become effective until 1 October 1976 and then applied only to claims arising out of accidents occurring on or after11 October 1976.”
Establishes the statute's inapplicability due to its prospective effective date
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCrystal Lynn Barrett, a minor, was killed in an automobile accident on May 2, 1976. William Barrett filed a wrongful death action on September 27, 197…
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[*133] MILLS, Judge.
Mr. Barrett seeks review of an order severing State Farm, Ms. Gill's insurance company, as a party defendant to his suit for the wrongful death of his daughter arising out of an automobile accident occurring on 2 May 1976.
Mr. Barrett contends the trial court erroneously based its order of severance on Section 627.7262(1), Florida Statutes (1976). State Farm contends the order was based on public policy expressed in Section 627.-7262(1).
Section 627.7262(1) provides in pertinent part:
“No motor vehicle liability insurer shall be joined as a party defendant in an action to determine the insured’s liability.
Chapter 76-266, § 16, Laws of Florida, states:
“This act shall take effect October 1, 1976, and shall apply to all claims arising out of accidents occurring on or after said date.”
Section 627.7262(1) is not applicable to this case. The accident giving rise to this action occurred on 2 May 1976 and the action was filed on 27 September 1976. The statute did not become effective until 1 October 1976 and then applied only to claims arising out of accidents occurring on or after11 October 1976.
Prior to 1 October 1976 public policy permitted the joinder of an insurer as a party defendant in motor vehicle liability insurance coverage cases. Our Supreme Court stated in Shingleton v. Bussey, 223 So. 2d 713 (Fla.1969):
“We conclude a direct cause of action now inures to a third party beneficiary against an insurer in motor vehicle liability insurance coverage cases as a product of the prevailing public policy of Florida.”
Subsequently, our Supreme Court stated in Stecher v. Pomeroy, 253 So. 2d 421 (Fla.1971):
“. . . [W]e hereby reaffirm, that absent a justiciable issue relating to insurance, such as a question of coverage or of the applicability or interpretation of the insurance policy or other such valid dispute on the matter of insurance coverage, there is no valid reason for a severance and it should not be-granted.”
Also see Godshall v. Unigard Insurance Company, 255 So. 2d 680 (Fla.1971).
The trial court departed from the essential requirements of law in severing State Farm. We, therefore, grant certiorari and quash the order severing State Farm. This case is remanded for further appropriate action.
BOYER, C. J., and ERVIN, J., concur.
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Citator
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Hunt v. State Farm Mut. Ins. Co., 349 So. 2d 642 (Fla. 1st DCA 1977)…d by Ch. 76-266, Laws of Florida, applies only to accidents occurring on or after October 1, 1976, and is only one part of a complete revamping of the entire No Fault Act in Florida. Compare Barrett v. Gill and State Farm Mutual Automobile Ins. Co., 347 So. 2d 132 (Fla.1st DCA 1977), where we held, in construing another provision of the No Fault Act, that there is no public policy precluding the joinder of both insurer and insured in a wrongful death action resulting from an automobile accident which occurred…
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Sweet v. Daurice Pope Ad Litem for Dawn D'Antoni, 350 So. 2d 551 (Fla. 1st DCA 1977)…PER CURIAM. Reversed for a new trial. Barrett v. Gill, 347 So. 2d 132 (Fla. 1 DCA 1977); Godshall v. Unigard Insurance Company, 281 So. 2d 499 (Fla.1973). McCORD, C. J., and SMITH and MELVIN, JJ., concur.…
Authorities 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)
- In re Florida Rules of Criminal Procedure, 253 So. 2d 421 (Fla. 1971)
- Godshall v. Unigard Ins. Co., 255 So. 2d 680 (Fla. 1971)