EMPLOYERS INSURANCE OF WAUSAU, APPELLANT,
v.
ABRAHAM LAVENDER, THE UNIVERSITY OF MIAMI AND DR. MELVIN DEFLEUR, APPELLEES

Fla. 3d DCA | 1987-05-12
No. 86-1589
Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.
506 So. 2d 1166 Florida District Court of Appeal, Third District (1987)

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.

Synopsis

Employers Insurance of Wausau appealed the trial court's denial of its motion to intervene in a defamation action against its insured, the University of Miami. The insurer sought to participate in the case to ensure proper jury instructions regarding punitive damages coverage limitations. The court affirmed the denial but suggested the trial court consider allowing intervention after the liability verdict, using a two-stage jury verdict process.


Holding

The trial court did not err in denying Wausau's motion to intervene before the liability verdict. However, the court suggested that the trial court should consider allowing intervention after the jury returns a punitive damages verdict, using a limited two-stage jury verdict process to determine coverage issues.


Headnotes

[1] An insurer seeking to intervene in a lawsuit against its insured must demonstrate a sufficient interest in the litigation beyond a mere desire to protect its contractual…

[2] An insurer's interest in avoiding coverage for punitive damages does not, in itself, warrant intervention in the underlying tort action before a verdict is rendered.

Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“the trial court did not err in denying Wausau's motion. See Restor-A-Dent Dental Laboratories, Inc. v. Certified Alloy Products, Inc., 725 F.2d 871 (2d Cir.1984). However, while it is true that the question of insurance coverage can be determined in subsequent litigation”

Establishes that the trial court properly denied intervention, though coverage disputes can be resolved later

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Lavender filed a defamation action against the University of Miami and Dr. Melvin DeFleur. Lavender sought punitive damages. Wausau had issued an insu…

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.


Opinion of the Court
DANIEL S. PEARSON, Judge.

DANIEL S. PEARSON, Judge.

This is an appeal from an order denying a motion filed by Employers Insurance of Wausau (Wausau) seeking to intervene in a defamation action pending against Wausau’s insured, the University of Miami, and Dr. Melvin DeFleur, a university employee. Wausau’s motion claims an interest in the pending action in that: (a) Lavender, the plaintiff therein, is seeking punitive damages against the University; (b) the insurance policy issued by Wausau does not provide coverage to the University for punitive damages which may be assessed against it for its own wrongful acts,1 although the policy does insure against punitive damages which may be assessed against the University on a vicarious liability theory; (c) therefore, says Wausau, unless it is permitted to have an active role in the preparation of jury instructions and a special interrogatory verdict, Wausau will be severely handicapped in its efforts to show, as it must, see U.S. Concrete Pipe Co. v. Bould, 437 So. 2d 1061 (Fla.1983), that there is no insurance coverage, in the event the jury assesses undifferentiated punitive damages against the University.

The plaintiff, Lavender, says this issue of coverage is between Wausau and the University, is entirely extraneous to the issues in the existing lawsuit, and can wait to be determined until after the present action is concluded. Therefore, says Lavender, there being no showing of a clear abuse of discretion, the trial court’s denial of Wausau’s motion cannot be overturned on appeal. See Maryland Casualty Company v. Hanson Dredging, Inc., 393 So. 2d 595 (Fla. 4th DCA 1981).

While Wausau’s motion is not without precedent, see, e.g., Plough, Inc. v. International Flavors and Fragrances, Inc., 96 F.R.D. 136 (W.D.Tenn.1982), we nonetheless agree that the trial court did not err in denying Wausau’s motion. See Restor-A-Dent Dental Laboratories, Inc. v. Certified Alloy Products, Inc., 725 F. 2d 871 (2d Cir.1984).

However, while it is true that the question of insurance coverage can be determined in subsequent litigation, see, e.g., United States Fidelity & Guaranty Co. v. Adams, 485 So. 2d 720 (Ala.1986); Donna C. v. Kalamaras, 485 A. 2d 222 (Me.1984), we are impressed with the suggestion of the defendants, the University and Dr. DeFleur, that litigation will be reduced, that a good deal of time will be saved, and that neither the plaintiff’s nor the defendants’ rights will be adversely affected if, in the event that, but only after, the jury returns a punitive damage verdict against the University, Wausau is permitted to intervene for the same limited purpose of preparing jury instructions and a special interrogatory verdict for submission to the jury. Since both the plaintiff and the putative intervenor agree that this two-stage jury verdict will accommodate the interests of all concerned, we commend it for the trial court’s sua sponte consideration. For now, however, since Wausau sought to intervene before the return of the main verdict, we affirm the trial court’s denial of that motion, without prejudice, of course, to Wausau seeking to intervene after the return of the verdict deciding the defendants’ liability, if any, to the plaintiff.

Affirmed.

. In Florida, public policy prohibits liability insurance coverage for punitive damages assessed against a person because of his wrongful conduct. Travelers Insurance Co. v. Wilson, 261 So. 2d 545 (Fla. 4th DCA 1972). See Commercial Union Insurance Co. v. Reichard, 404 F. 2d 868 (5th Cir.1968).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw