Hett v. Madison Mut. Ins. Co., Inc., No. 92-03788

CourtCourt of Appeal of Florida (US)
Writing for the CourtPATTERSON; SCHOONOVER, A.C.J., and ALTENBERND
Citation621 So.2d 764
Docket NumberNo. 92-03788
Decision Date09 July 1993
Parties18 Fla. L. Weekly D1590 H. Paul HETT, Appellant, v. MADISON MUTUAL INSURANCE COMPANY, INC., Catherine Korobey, and William Korobey, Appellees.

Page 764

621 So.2d 764
18 Fla. L. Weekly D1590
H. Paul HETT, Appellant,
v.
MADISON MUTUAL INSURANCE COMPANY, INC., Catherine Korobey,
and William Korobey, Appellees.
No. 92-03788.
District Court of Appeal of Florida,
Second District.
July 9, 1993.
Rehearing Denied Aug. 9, 1993.

Page 765

H. Paul Hett, pro se.

David J. Lonigro of Haas, Austin, Ley, Roe & Patsko, P.A., Tampa, for appellee Madison Mut. Ins. Co., Inc.

No appearance by Catherine and William Korobey.

PATTERSON, Judge.

H. Paul Hett appeals from the final order dismissing his complaint against Madison Mutual Insurance Company with prejudice. Madison Mutual was not properly joined as a party in this negligence action; therefore, we affirm the dismissal of the complaint. However, we reverse the portion of the order dismissing with prejudice, since the cause of action against Madison Mutual has not yet accrued under section 627.7262(1), Florida Statutes (1987). 1

On November 20, 1987, Hett was involved in an automobile accident with a car driven by Catherine Korobey and owned by her father, William Korobey. Madison Mutual insured Mr. Korobey's vehicle. Thereafter, Hett was incarcerated in the state prison system. In November 1991, he filed an automobile negligence action, pro se, against the Korobeys in which he joined Madison Mutual as a defendant. Hett mailed the complaint to the Circuit Court of the Thirteenth Judicial Circuit and it was filed on November 22, 1991. Madison Mutual moved to dismiss the complaint on the grounds that the four-year statute of limitations applicable to automobile negligence actions had run and that it could not be joined in the initial action under section 627.7262(1), Florida Statutes (1987). The trial court dismissed the action as to Madison Mutual with prejudice.

The trial court based its decision to dismiss the complaint with prejudice on

Page 766

the ground that the action was time barred. 2 This was error since no limitation period was running with regard to Madison Mutual as a result of this accident. By its very terms, section 627.7262(1) provides that a cause of action against the insurer does not accrue until a settlement is reached or a verdict is rendered against the insured. See Lucente v. State Farm Mut. Auto. Ins. Co., 591 So.2d 1126 (Fla. 4th DCA), review denied, 601 So.2d 552 (Fla.1992). The dismissal was proper, however, in that Hett has not fulfilled the condition precedent of first obtaining a judgment against Mr. Korobey before...

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9 practice notes
  • Diaz v. Moore, Civ. A. No. 91-40565/LAC.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • August 24, 1994
    ...res judicata is nonetheless applicable to this case, as these are claims which could have been brought in Diaz I. See Maison Grande, 621 So.2d at 764 (citing, Albrecht, 444 So.2d at 11-12). For example, in this case, Rodriguez Diaz claims that the Board members have harassed him repeatedly ......
  • Hazen v. Allstate Ins. Co., No. 2D06-184.
    • United States
    • Court of Appeal of Florida (US)
    • January 17, 2007
    ...action against the insurer under a liability policy before obtaining a judgment against the insured.4 See Hett v. Madison Mut. Ins. Co., 621 So.2d 764, 766 (Fla. 2d DCA 1993); Home Ins. Co. of Ill. v. Sentry Ins., 461 So.2d 1038, 1038 (Fla. 4th DCA 1985), receded from on other grounds, Hart......
  • Vause v. Bay Medical Center, No. 94-549
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1996
    ...applicability of the defense. Alexander Hamilton Corp. v. Leeson, 508 So.2d 513 (Fla. 4th DCA 1987); see Hett v. Madison Mut. Ins. Co., 621 So.2d 764 (Fla. 2d DCA 1993); rev. dismissed, 632 So.2d 1026 (Fla.), cert. denied, 511 U.S. 1133, 114 S.Ct. 2147, 128 L.Ed.2d 874 (1994). The plaintiff......
  • Chapman v. Ace Am. Ins. Co., Case No: 8:16-cv-2111-T-36MAP
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 13, 2017
    ...they first obtained a settlement against the Insured on May 12, 2012. See Fla. Stat. § 627.4136(1); Hett v. Madison Mut. Ins. Co., Inc., 621 So. 2d 764, 766 (Fla. 2d DCA 1993) ("By its very terms, section 627.7262(1)(renumbered as of October 1, 1992) provides that a cause of action against ......
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9 cases
  • Diaz v. Moore, Civ. A. No. 91-40565/LAC.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • August 24, 1994
    ...res judicata is nonetheless applicable to this case, as these are claims which could have been brought in Diaz I. See Maison Grande, 621 So.2d at 764 (citing, Albrecht, 444 So.2d at 11-12). For example, in this case, Rodriguez Diaz claims that the Board members have harassed him repeatedly ......
  • Hazen v. Allstate Ins. Co., No. 2D06-184.
    • United States
    • Court of Appeal of Florida (US)
    • January 17, 2007
    ...action against the insurer under a liability policy before obtaining a judgment against the insured.4 See Hett v. Madison Mut. Ins. Co., 621 So.2d 764, 766 (Fla. 2d DCA 1993); Home Ins. Co. of Ill. v. Sentry Ins., 461 So.2d 1038, 1038 (Fla. 4th DCA 1985), receded from on other grounds, Hart......
  • Vause v. Bay Medical Center, No. 94-549
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1996
    ...applicability of the defense. Alexander Hamilton Corp. v. Leeson, 508 So.2d 513 (Fla. 4th DCA 1987); see Hett v. Madison Mut. Ins. Co., 621 So.2d 764 (Fla. 2d DCA 1993); rev. dismissed, 632 So.2d 1026 (Fla.), cert. denied, 511 U.S. 1133, 114 S.Ct. 2147, 128 L.Ed.2d 874 (1994). The plaintiff......
  • Chapman v. Ace Am. Ins. Co., Case No: 8:16-cv-2111-T-36MAP
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 13, 2017
    ...they first obtained a settlement against the Insured on May 12, 2012. See Fla. Stat. § 627.4136(1); Hett v. Madison Mut. Ins. Co., Inc., 621 So. 2d 764, 766 (Fla. 2d DCA 1993) ("By its very terms, section 627.7262(1)(renumbered as of October 1, 1992) provides that a cause of action against ......
  • Request a trial to view additional results

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