Jersey Insurance Co. of New York v. Cuttriss

District Court of Appeal of Florida

Jersey Insurance Co. of New York v. Cuttriss

220 So. 2d 15, 1969 Fla. App. LEXIS 5991

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 1969

DocketNos. 68-625—68-627

StatusPublished

Cited by5 cases

This text of 220 So. 2d 15 (Jersey Insurance Co. of New York v. Cuttriss) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jersey Insurance Co. of New York v. Cuttriss, 220 So. 2d 15, 1969 Fla. App. LEXIS 5991 (Fla. Ct. App. 1969).

Pincite

Opinion

PER CURIAM.

The sole question on this appeal is whether a compensation carrier has the exclusive right, in the second year after the accrual of a cause of action, to institute an action against a third party tort feasor pursuant to § 440.39, Fla.Stat., F.S.A.

We reject this argument and hold that in the second year the injured employee and the carrier have concurrent rights against a third party tort feasor. But, the right to proceed against the tort feasor is limited to the one who files his cause of action first. Home Indemnity Company v. McAdams, Fla. App. 1962, 139 So.2d 433; Zurich Insurance Company v. Renton, Fla. App. 1966, 189 So.2d 492.

Therefore, we find no error in the trial court’s orders here under review.

Affirmed.

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