PRUDENCE MUTUAL CASUALTY COMPANY, APPELLANT,
v.
JEANNETTE MCREYNOLDS HUMPHREYS, APPELLEE
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The Third District Court of Appeal of Florida affirmed the dismissal of an insurance company's amended complaint seeking an injunction against arbitration. The court held that the company could not indirectly seek a determination of liability, which depended on factual issues, through an injunction when direct legal proceedings were the proper forum.
No, an insurance company cannot indirectly achieve what is forbidden directly. If liability depends on factual issues, those issues must be determined in a court of law, not through an injunction against arbitration.
“the appellant may not do indirectly what it is forbidden to do directly.”
Establishes the core principle that the insurance company cannot use an injunction to achieve a result prohibited in a direct action.
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Join FLexlaw to unlock all legal intelligencePrudence Mutual Casualty Company initially sued Jeannette Humphreys, claiming it was not liable under an insurance policy due to late notice of a clai…
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The appellant filed a complaint seeking a declaration that it was not liable to the appellee under an insurance policy because the appellee failed to promptly give notice of claim. Subsequently, the appellant recognized that its complaint could not be sustained under the law of this state as set forth by the Supreme Court in Travelers Indemnity Company v. Johnson, Fla.1967, 201 So.2d 705. Thereafter the appellant amended its complaint to seek relief by way of permanent''injunction against .the prosecution of arbitration proceedings which had been begun by the appellee pursuant to the terms of the policy. See § 682.03, Fla. Stat., F.S.A. The trial judge dismissed the amended complaint, and this appeal followed.
We hold that the appellant may not do indirectly what it is forbidden to do directly. If determination of the issue of liability turns on the determination of an issue of fact, the issue of fact must be determined in a proceeding in a court of law. As set forth in Bergh v. Canadian Universal Insurance Company, Fla.1969, 216 So.2d 436, 441:
“ * * * this will permit the parties in a proper case to submit the factual issues in a proper trial forum which may require a jury determination concerning whether the Respondent is absolved from liability * * *
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Gov't Emps. Ins. Co. v. Mirth, 333 So. 2d 545 (Fla. 3d DCA 1976)…9, 201 So. 2d 705 [issue as to notice of claim]; Columbia Casualty Company v. Zimmerman, Fla.1952, 62 So. 2d 338 [issue [*547] as to whether driver of automobile did so with consent of owner]; Prudence Mutual Casualty Co. v. Humphreys, Fla.App.1969, 220 So. 2d 381 [issue as to notice of claim], We hold the trial court was not in error in concluding there was no need for a declaratory judgment as to the meaning or interpretation of the provisions of the Geico insurance policy. Travelers Indemnity Co. v. Johns…
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Bankers & Shippers Ins. Co. v. Gonzalez, 234 So. 2d 693 (Fla. 3d DCA 1970)…n is an agreement to be bound by the factual determination of the arbitrator and thus end the factual controversy. The appellant may not do indirectly what it is forbidden to do directly. Prudence Mutual Casualty Company v. Humphreys, Fla.App. 1969, 220 So. 2d 381. By labelling a factual controversy an excess of jurisdiction appellant cannot again litigate the merits of the controversy. See Johnson v. Wells, 72 Fla. 290, 73 So. 188, 192 (1916), and cases cited at 5 Am.Jur.2d, Arbitration and Award § 167. Appe…
Authorities Cited
- White v. BAY Dredging & Constr. Co., 216 So. 2d 436 (Fla. 1968)
- The Travelers Indem. Co. v. Johnson, 201 So. 2d 705 (Fla. 1967)