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

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1983

DocketNo. 83-876

StatusPublished

Cited by2 cases

This text of 443 So. 2d 206 (Kaminsky v. Travelers Indemnity Co.) 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.

Bluebook

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

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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.

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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.

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443 So. 2d 206, 1983 Fla. App. LEXIS 25178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaminsky-v-travelers-indemnity-co-fladistctapp-1983.

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