HOME INSURANCE COMPANY OF ILLINOIS, AN ILLINOIS CORPORATION, PETITIONER,
v.
SENTRY INSURANCE A MUTUAL COMPANY, A WISCONSIN MUTUAL INSURANCE COMPANY, AND TRAVEL TOURS INTERNATIONAL, INC., A FLORIDA CORPORATION, RESPONDENTS
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PER CURIAM.
Home Insurance Company of Illinois, via petition for writ of common law certiorari, seeks the review of an order denying its motion to dismiss, saying that it represents a departure from the essential requirements of law. We accept jurisdiction upon authority of Van Bibber v. Hartford Acc. & Indem. Ins. Co., 439 So. 2d 880 (Fla.1983); Stel-Den of America, Inc. v. Roof Structures, Inc., 438 So. 2d 882 (Fla. 4th DCA 1983); and Beta Eta House Corp. v. Gregory, 230 So. 2d 495 (Fla. 1st DCA 1970).
It was error to allow the joinder of a liability insurer in an action prior to the entry of judgment against the person who is insured under the terms of the liability policy.
We quash the order in question upon authority of Van Bibber and Section 627.7262, Florida Statutes (1982).
Certiorari granted.
HERSEY, GLICKSTEIN and WALDEN, JJ., concur.
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Hartford Accident & Indem. Co. v. U.S.C.P. Co., 515 So. 2d 998 (Fla. 4th DCA 1987)…nd [*1001] without the discovery question presented in Allstate Insurance Company v. Gibbs, we accepted certiorari jurisdiction and quashed orders denying motions to dismiss in Home Insurance Company of Illinois v. Sentry Insurance A Mutual Company, 461 So. 2d 1038 (Fla. 4th DCA 1985) and Canadian Home Insurance Company v. Norris, 471 So. 2d 217 (Fla. 4th DCA 1985). However, more recently in Doerschuck v. Doerschuck, 481 So. 2d 1317 (Fla. 4th DCA 1986), we reverted to the view expressed in Chalfonte and denied…1 / 2
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State Farm Fire & Cas. Co. v. Nail, 516 So. 2d 1022 (Fla. 5th DCA 1987)…less and until they obtain a judgment against Nail. See Continental Casualty Company v. Marx, 480 So. 2d 177, 178 (Fla. 3d DCA 1985), review dismissed, 484 So. 2d 9 (Fla.1986); Home Insurance Company of Illinois v. Sentry Insurance A Mutual Company, 461 So. 2d 1038 (Fla. 4th DCA 1985). Moreover, State Farm states that the issues and parties in the two suits are not common. State Farm is no longer a party in the action filed by the Slatterys, and the Slatterys are not parties to State Farm’s action for declarat…
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Hazen v. Allstate Ins. Co., 952 So. 2d 531 (Fla. 2d DCA 2007)…njured third party had no right of action against the insurer under a liability policy before obtaining a judgment against the insured.4 See Hett v. Madison Mut. Ins. Co., 621 So. 2d 764, 766 (Fla. 2d DCA 1993); Home Ins. Co. of Ill. v. Sentry Ins., 461 So. 2d 1038, 1038 (Fla. 4th DCA 1985), receded from on other grounds, Hartford Accident & Indem. Co. v. U.S.C.P. Co., 515 So. 2d 998 (Fla. 4th DCA 1987). The procedural effect of the 1982 version of the statute was to require a two-step process for an injured t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ara Williams VanBIBBER v. Hartford Accident & Indem. Ins. Co., 439 So. 2d 880 (Fla. 1983)
- Beta ETA House Corp. v. Gregory, 230 So. 2d 495 (Fla. 1st DCA 1970)
- Stel-Den OF Am., Inc. v. Roof Structures, Inc., 438 So. 2d 882 (Fla. 4th DCA 1983)