State, Department of Insurance v. National Reinsurance Corp.

District Court of Appeal of Florida

State, Department of Insurance v. National Reinsurance Corp.

755 So. 2d 677, 1999 Fla. App. LEXIS 8685, 1999 WL 436830

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1999

DocketNo. 99-1464

StatusPublished

This text of 755 So. 2d 677 (State, Department of Insurance v. National Reinsurance Corp.) 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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State, Department of Insurance v. National Reinsurance Corp., 755 So. 2d 677, 1999 Fla. App. LEXIS 8685, 1999 WL 436830 (Fla. Ct. App. 1999).

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Opinion

ON MOTION TO DISMISS

HAZOURI, J.

Florida Employers Safety Association Self-Insurance Fund (FESA) seeks review of a partial summary judgment on its declaratory judgment action to interpret the reinsurance contract between the parties and granting National Reinsurance Corporation’s (NRC) counterclaim for offset of certain debts and obligations. Still pending are FESA’s two counts for breach of the reinsurance contract which, when decided, would determine whether NRC is liable to FESA under the contract. NRC moves to dismiss the appeal for lack of jurisdiction. FESA invokes the jurisdiction of this court under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).

That subsection provides for review of non-final orders which determine “the issue of liability in favor of a party seeking affirmative relief.” The partial summary judgment determined that the reinsurance contract provided for three multipliers for each aggregate endorsement which would be applied once liability under the contract was determined. It also determined that NRC could offset other obligations of FESA against any recovery FESA might obtain against NRC. Both determinations are contingent upon a finding of liability under FESA’s breach of contract causes of action. As the order appealed did not determine the issue of liability, we conclude the rule does not authorize this appeal. See, e.g., Auto-Owners Ins. Co. v. Potter, 729 So.2d 532 (Fla. 4th DCA 1999); BE & K, Inc. v. Seminole Kraft Corp., 583 So.2d 361 (Fla. 1st DCA 1991).

Accordingly, the appeal is dismissed.

POLEN and STEVENSON, JJ., concur.

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ON MOTION TO DISMISS

HAZOURI, J.

Florida Employers Safety Association Self-Insurance Fund (FESA) seeks review of a partial summary judgment on its declaratory judgment action to interpret the reinsurance contract between the parties and granting National Reinsurance Corporation’s (NRC) counterclaim for offset of certain debts and obligations. Still pending are FESA’s two counts for breach of the reinsurance contract which, when decided, would determine whether NRC is liable to FESA under the contract. NRC moves to dismiss the appeal for lack of jurisdiction. FESA invokes the jurisdiction of this court under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).

That subsection provides for review of non-final orders which determine “the issue of liability in favor of a party seeking affirmative relief.” The partial summary judgment determined that the reinsurance contract provided for three multipliers for each aggregate endorsement which would be applied once liability under the contract was determined. It also determined that NRC could offset other obligations of FESA against any recovery FESA might obtain against NRC. Both determinations are contingent upon a finding of liability under FESA’s breach of contract causes of action. As the order appealed did not determine the issue of liability, we conclude the rule does not authorize this appeal. See, e.g., Auto-Owners Ins. Co. v. Potter, 729 So.2d 532 (Fla. 4th DCA 1999); BE & K, Inc. v. Seminole Kraft Corp., 583 So.2d 361 (Fla. 1st DCA 1991).

Accordingly, the appeal is dismissed.

POLEN and STEVENSON, JJ., concur.

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755 So. 2d 677, 1999 Fla. App. LEXIS 8685, 1999 WL 436830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-insurance-v-national-reinsurance-corp-fladistctapp-1999.

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