RISCORP, APPELLANT,
v.
SAMUEL W. PIERRE, JR., ANN MARIE PIERRE AND FAIR-WAYS SIGNS CORPORATION, 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.
Riscorp appeals a workers' compensation order finding that its insurance policy was in effect on the accident date. The court reversed, holding that a prior declaratory judgment in a separate circuit court action conclusively established that no workers' compensation insurance coverage existed on the date of the accident.
The prior declaratory judgment is conclusive on the coverage issue in the workers' compensation case. The court reversed the workers' compensation judge's order and held that no policy of insurance was in effect on the date of the accident and no benefits are due.
[1] A prior declaratory judgment action determining the existence of insurance coverage is binding on a subsequent worker's compensation claim concerning the same coverage.
[2] A party whose interests are such that they will be bound by a final judgment, even if not a named party to the suit, is in privity with a party to the suit.
Previewing 2 of 3 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“One not a party to a suit is in privity with one who is where his interest in the action was such that he will be bound by the final judgment as if he were a party.”
Establishes the privity doctrine that allows non-parties to be bound by prior judgments when their interests are sufficiently aligned with a party to that judgment.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA workers' compensation claim was filed under a Riscorp insurance policy. Before the workers' compensation judge ruled, a circuit court in Volusia Cou…
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 Privity cases and more on FLexlaw
PER CURIAM.
Appellant Riseorp challenges a worker’s compensation order in which the Judge of Compensation Claims found that the worker’s compensation insurance policy in question was in effect on the date of the accident.
After oral argument in this case, the court issued the following order:
Before the entry of the workers’ compensation order in the present case, the Honorable Richard Orfinger, Circuit Judge of the Circuit Court for Volusia County, Florida, rendered a final order in Fair-way Signs Corp. v. Riscorp Insurance Company, Case No. 95-32263, a declaratory action brought by Fair-way Signs Corp., appellee in the instant case against Riseorp, appellant in this case. Judge Orfinger’s final declaratory judgment held that no workers’ compensation insurance coverage existed on the date of the accident in question. The final declaratory judgment has been appealed to the Fifth District Court of Appeal and is pending in that court as Case No. 96-2222. This court is of the opinion that the ruling in the Volusia County case prevents Fairway Signs or the workers’ compensation claimant under the Riseorp policy from relitigating the coverage question. “One not a party to a suit is in privity with one who is where his interest in the action was such that he will be bound by the final judgment as if he were a party.” Southeastern Fidelity Ins. Co. v. Rice, 515 So. 2d 240, 242 (Fla. 4th DCA 1987). This court is of the view, therefore that the decision of the Fifth District Court of Appeal either affirming or reversing Judge Orfinger’s final declaratory judgment will be conclusive of the coverage issue in the present case.
This court stayed this cause until the Fifth District Court of Appeal issues its decision and mandate in case number 96-2222. The Fifth District has per curiam affirmed Judge Orfinger’s order. Fair-Way Signs Corporation v. Riscorp Insurance Company, 698 So. 2d 1234 (Fla. 5th DCA 1997). Accordingly, we reverse the JCC’s order on the basis that the decision of the Fifth District affirming the circuit court’s final declaratory judgment is conclusive on the coverage issue in the present ease. No policy of insurance was in effect on the date of the accident, and no benefits are due.
REVERSED.
BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.