Kaminsky v. Travelers Indemnity Co.

District Court of Appeal of Florida

Kaminsky v. Travelers Indemnity Co.

443 So. 2d 206, 1983 Fla. App. LEXIS 25178

District Court of Appeal of Florida·Decided December 13, 1983·No. No. 83-876·Published·Cited by 2 cases

Opinion

PER CURIAM.

The final order under review dismissing appellee Travelers Indemnity Company as a party defendant on the basis of section 627.7262, Florida Statutes (Supp.1982) (the “non-joinder” statute), is reversed upon the authority of VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d 880 (Fla.1983), holding that while section 627.7262 is constitutional, it does not apply to incidents which occurred prior to October 1, 1982, the effective date of the statute. Since the plaintiffs complaint herein alleged that the incident giving rise to this action took place on or about December 15, 1981, the trial court erred in dismissing appellee pursuant to said statute.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The final order under review dismissing appellee Travelers Indemnity Company as a party defendant on the basis of section 627.7262, Florida Statutes (Supp.1982) (the “non-joinder” statute), is reversed upon the authority of VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d 880 (Fla.1983), holding that while section 627.7262 is constitutional, it does not apply to incidents which occurred prior to October 1, 1982, the effective date of the statute. Since the plaintiffs complaint herein alleged that the incident giving rise to this action took place on or about December 15, 1981, the trial court erred in dismissing appellee pursuant to said statute.

Reversed.

Kaminsky v. Travelers Indemnity Co., 443 So. 2d 206, 1983 Fla. App. LEXIS 25178 (Fla. Ct. App. 1983).

Pincite

443 So. 2d 206 (Kaminsky v. Travelers Indemnity Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related