Gregg v. METROPOLITAN PROPERTY AND LIABILITY INS., 84-1635-CIV-EPS.
| Decision Date | 11 September 1984 |
| Docket Number | No. 84-1635-CIV-EPS.,84-1635-CIV-EPS. |
| Citation | 595 F. Supp. 529 |
| Parties | Donald GREGG, Sheryll Gregg, Jessie Gregg, and Gary Gregg, Plaintiffs, v. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
Robert H. Wiggins, Miami Shores, Fla., for plaintiffs.
Gerald L. Bedford, Miami, Fla., for defendant.
THIS CAUSE comes before the Court on the Defendant METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY's Motion to Dismiss the Amended Complaint, filed on August 16, 1984. The Court having reviewed the record and being otherwise duly advised, it is hereby
ORDERED AND ADJUDGED that the motion is GRANTED and this cause is hereby DISMISSED.
Plaintiffs, the parents and brothers of the deceased, are residents of Florida. Defendant, the insurer of the homeowners in whose pool the deceased drowned, is incorporated in Rhode Island and does business in Dade County, Florida. The drowning incident occurred in Dade County, Florida.
The Plaintiffs assert in their Complaint that jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1332. The Defendant moves to dismiss the cause of action on three grounds, any of which would be successful: this Court lacks subject matter jurisdiction; the Plaintiff has failed to follow Florida Statute § 768.20 (1980); and the Plaintiff has failed to join an indispensable party.
It is well settled law that all plaintiffs and all defendants must have diversity of citizenship to satisfy the requirements of 28 U.S.C. § 1332. According to 28 U.S.C. § 1332(c), however, METROPOLITAN is deemed a citizen of the state of which the insured is a citizen. This section provides:
For the purposes of this section and section 1441 of this title, a corporation shall be deemed a citizen of any state by which it has been incorporated and of the state where it has its principal place of business: provided further, that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party defendant, such insurer shall be deemed a citizen of the state of which the insured is a citizen, as well as any state by which the insurer has been incorporated and of the state where it has its principal place of business.
In light of the statutory provisions, it appears that the Plaintiffs, the homeowners (insured), and the Defendant insurance company are all citizens of Florida, thus negating any notion that diversity may exist in this case.
Furthermore, it is clear that Florida law does not permit direct action suits against insurers. Florida Statute § 627.7262 (1982) provides:
It shall be a condition precedent to the accrual or maintenance of a cause of action against a liability...
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