ROBERT BURNETT FUTCH, JR., INTERBAY CONSTRUCTION COMPANY, A CORPORATION, AND SECURITY INSURANCE COMPANY OF HARTFORD, A CORPORATION, APPELLANTS,
v.
TAYLOR JOSEY ET AL., APPELLEES
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In this personal injury negligence case, the Florida District Court of Appeal reversed and remanded because the trial court admitted into evidence the insurance policy limits of defendant Security Insurance Company, which was reversible error under established precedent prohibiting such evidence from being considered by a jury.
The admission of Security Insurance's policy limits was reversible error. The existence or amount of insurance coverage has no bearing on the issues of liability and damages and should not be considered by the jury, and inadmissible evidence to which proper objection was made cannot be made admissible by the failure to move for severance.
[1] The existence or amount of insurance coverage has no bearing on the issues of liability and damages in a negligence action and should not be considered by the jury.
[2] The admission of evidence regarding the limits of a defendant's liability insurance coverage is reversible error when such evidence is irrelevant to the issues of liabili…
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Join FLexlaw to unlock all legal intelligence“The existence or amount of insurance coverage has no bearing on the issues of liability and damages, and such evidence should not be considered by the jury.”
Establishes the fundamental principle that insurance limits are irrelevant to jury consideration of negligence liability and damages
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Join FLexlaw to unlock all legal intelligenceTaylor Josey filed a personal injury suit against Robert Futch Jr., Interbay Construction Company, and Security Insurance Company, as well as W.T. Rog…
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Appellants appeal a final judgment entered against them and the appellees W. T. Rogers, Jr., Hattie Ann Hodge Rogers, and American Fire and Casualty Company in favor of the appellee, Taylor Josey. The appellees Rogers and American Fire were designated appellees under Florida Appellate Rule 3.11, subd, a, 32 F.S.A.
Appellee Josey filed a personal injury suit against appellants and appellees Rogers and American Fire. At the trial of the cause appellee American Fire, as the insurer of appellees Rogers, introduced the limits of its liability which was $10,000. At the plaintiff’s request and over objection of the appellants, the trial court admitted into evidence the insurance limits of appellant Security which were applicable to the tractor-trailer owned by appellant Interbay and driven by appellant Futch. The limits of the liability under Security’s policy were in the amount of $250,000.
Appellants have submitted four points on appeal, only one of which we deem to be meritorious. Appellants conclude, with which we agree, that the introduction into evidence of Security’s policy limits was reversible error.
In Beta Eta House Corp., Inc. of Tallahassee v. Gregory, Fla.1970, 237 So.2d 163, it was held:
“The purpose of Shingleton v. Bussey, supra [Fla., 223 So.2d 713], was to require the parties to ‘lay their cards on the table’ in discovery proceedings, settlement negotiations, and pre-trial hearings. The existence or amount of insurance coverage has no bearing on the issues of liability and damages, and such evidence should not be considered by the jury.”
Appellee Josey argues that in view of the fact appellant Security did not move for a severance under Rule 1.270(b), Rules of Civil Procedure, 30 F.S.A., the introduction of Security’s policy limits was proper and that Security, being a party to the suit at trial could not exclude the limits of its liability under its insurance contract.
We cannot agree that inadmissible evidence, to which there has been a proper objection, can be made admissible by the failure of appellant Security to move for a severance.
In the recent case of Stecher v. Pomeroy, Fla.App.1971, 244 So.2d 488, it was held:
“The existence or amount of insurance coverage has no bearing on the issues of liability and damages [in an action seeking damages proximately caused by an insured’s alleged negligence] and such evidence should not be considered by the jury. Beta Eta House Corporation, Inc. of Tallahassee v. Gregory, supra. How the trial court, in a negligence action of this type, can possibly prevent a mature and sophisticated jury from inferring the likely existence of liability insurance coverage, so long as the insurer is a party at trial, is beyond us. But to permit direct evidence on not only the existence of liability insurance coverage, but also the extent thereof, when neither matter is relevant to any issue then being tried, is clearly error.
“The existence or amount of insurance coverage is no more relevant to the issues of liability and damages in a personal injury action of this type than would be the non-existence of such insurance coverage, or evidence bearing on *493the defendant’s personal wealth or lack thereof.”
We cannot conclude in the case sub judice that the error of- admitting Security’s policy limits into evidence is harmless error as was found to exist in Stecher, supra.
For the foregoing reasons the judgment appealed is reversed and the cause remanded for a new trial.
MANN and McNULTY, JJ., concur.
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Compania Dominicana de Aviacion & Underwriters at Lloyds v. Knapp, 251 So. 2d 18 (Fla. 3d DCA 1971)…Company v. Clonts, supra, which has been certified to the Florida Supreme Court [but cf. Stecher v. Pomeroy, supra and Hartford Accident and Indemnity Co. v. Myers, Fla.App.1971, 247 So. 2d 83, filed April 7, 1971] and Futch v. Josey, Fla.App.1971, 247 So. 2d 491, 2 D.C.A. The settlement of the insurance claim for oil damage to the witness’ automobiles was remote and unrelated to any inference of liability for personal injury or death resulting from the plane crash. The nature of the claims are too remote f…
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Josey v. Futch, 254 So. 2d 786 (Fla. 1971)…McCAIN, Justice. By petition for writ of certiorari, we are asked to review a decision of the District Court of Appeal, Second District [Futch v. Josey, 247 So. 2d 491 (Fla.App.2d, 1971)] which allegedly conflicts with this Court’s opinion in Beta Eta House Corp. Inc. of Tallahassee v. Gregory, 237 So. 2d 163 (Fla.1970). We find that the case is controlled by our recent decision in Stecher v. Pomeroy, 253 So. 2d…
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Pierce v. Smith, 301 So. 2d 805 (Fla. 2d DCA 1974)…nt also constituted an impermissible appeal to sympathy predicated upon economic disparity. Tampa Transit Lines v. Corbin, Fla.1953, 62 So. 2d 10; Seaboard Airline Ry. Co. v. Smith, 53 Fla.375, 43 So. 235 (1907). . Futch v. Josey, Fla.App.2d, 1971, 247 So. 2d 491. . Futch v. Josey, Fla.App.2d, 1972, 263 So. 2d 240.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Beta ETA House Corp. v. Gregory, 237 So. 2d 163 (Fla. 1970)
- Beedie S. Stecher & United States Fid. & Guar. Co. v. Pomeroy, 244 So. 2d 488 (Fla. 4th DCA 1971)