Legal Topics

Insurance — Liability — Coverage — Declaratory judgment

Jun 27th, 2017 in News by admin

Plaintiff who was not listed as either named insured or additional insured in policies attached to first amended complaint and who failed to allege facts which could qualify the plaintiff as an insured or additional insured under express written language of policies…

…cannot state cause of action for declaratory judgment regarding additional insurance coverage available to the plaintiff under the policies — Accordingly, count against insurer must be dismissed — Further, complaint against insurer is prohibited by Florida’s non-joinder statute, which requires that a person not insured under policy obtain a settlement or verdict against insured prior to bringing an action against insurer — Because plaintiff is not named insured or additional insured under the policies at issue and has not obtained settlement or verdict against insured, dismissal with prejudice is warranted