The term “non-joinder” refers to the omission of a necessary party to an action, which in this case is the insurance company. The non-joinder laws in Florida mean that a Florida jury in any trial 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 they negligently caused harm to someone or personal property damages or losses.
What does this mean? Florida Statute 627.4136 of the non-joinder laws in Florida direct that 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 a 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 the non-joinder laws in Florida are to protect insurance companies and allow them to avoid paying legitimate claims. They have 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 compensation 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 that were injured or killed, or who suffered property damage or losses caused by the defendant. Rarely, if ever, do verdicts come out of the defendant’s pocket.
While insurance carrier’s have fought to have these and other 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 as soon as possible in order to determine the insurance coverage available to compensate you for your injuries and losses. Florida Statute 627.4137 of the non-joinder laws in Florida require 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 insurance policy, including excess or umbrella insurance:
In addition, the non-joinder laws in Florida require 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 this insurance information early on in your case will have a dramatic impact on your ability to be fully compensated for your injuries.
We Can Help With The Non-Joinder Laws In Florida
If you have any questions about your legal rights, the non-joinder laws in Florida or your right to insurance disclosure from the defendant in your case, Contact the personal injury attorneys in Jacksonville at McGRATH GIBSON LAW at 904-358-3300. Our initial consultations are free and there are no out of pocket costs if you ask us to represent you. We only get paid when you get paid.
The term “non-joinder” refers to the omission of a necessary party to an action, which in this case is the insurance company. The non-joinder laws in Florida mean that a Florida jury in any trial 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 they negligently caused harm to someone or personal property damages or losses.
What does this mean? Florida Statute 627.4136 of the non-joinder laws in Florida direct that 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 a 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 the non-joinder laws in Florida are to protect insurance companies and allow them to avoid paying legitimate claims. They have 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 compensation 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 that were injured or killed, or who suffered property damage or losses caused by the defendant. Rarely, if ever, do verdicts come out of the defendant’s pocket.
While insurance carrier’s have fought to have these and other 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 as soon as possible in order to determine the insurance coverage available to compensate you for your injuries and losses. Florida Statute 627.4137 of the non-joinder laws in Florida require 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 insurance policy, including excess or umbrella insurance:
In addition, the non-joinder laws in Florida require 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 this insurance information early on in your case will have a dramatic impact on your ability to be fully compensated for your injuries.
We Can Help With The Non-Joinder Laws In Florida
If you have any questions about your legal rights, the non-joinder laws in Florida or your right to insurance disclosure from the defendant in your case, Contact the personal injury attorneys in Jacksonville at McGRATH GIBSON LAW at 904-358-3300. Our initial consultations are free and there are no out of pocket costs if you ask us to represent you. We only get paid when you get paid.
