The term “non-joinder” refers to the omission of a necessary party to an action, which in this case is the insurance company. Under Florida Law, a jury will never know whether the defendant in a lawsuit has an insurance policy that will cover a verdict against them. In other words, the vast majority of personal injury lawsuits are actually seeking compensation from an insurance company and not the at-fault defendant that a jury sees in the courtroom. Remember, this insurance policy is coverage that the defendant specifically purchased to pay damages in the event that the defendant negligently caused harm to someone.
What does this mean? During a trial, the jury should not be concerned with the financial impact on the defendant but instead assume that adequate insurance exists to cover a monetary verdict. Insurance policies are not discussed during the trial until after obtaining a settlement or verdict against the person who is insured. If a judgment is reversed or remanded on appeal, the insurer’s presence still shall not be disclosed to the jury in a subsequent trial.
The purpose of this Florida law is to protect insurance companies and allow them to avoid paying legitimate claims. It has been crafted to make sure juries aren’t aware of the coverage that a defendant has purchased, and that a claimant has a legal right to obtain coverage under. Almost every personal injury case that is tried in court involves a defendant that carries liability insurance; coverage that by contract the insurance carrier has agreed to pay to parties injured or damaged by the defendant. Rarely, if ever, do verdicts come out of the defendant’s pocket.
While insurance carrier’s have fought to have laws enacted to protect themselves, there is still a way to protect your rights if you have been injured by an insured party in Florida. It is vital to retain a lawyer early in your personal injury case in order to determine the insurance coverage available to compensate you for your damages. Florida Statute 627.4137 requires an insurance carrier to disclose, within 30 days of the written request of the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:
In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request.
Having the insurance information early on in your case will have a dramatic impact on your ability to be fully compensated for your injuries.
If you have any questions about your legal rights, the Non-Joinder Statute or your right to insurance disclosure from the defendant in your case, contact McGRATH GIBSON today at 904-358-3300.
