Daytona Beach Personal Injury Lawyers
Free Consultations 386.204.3934

Florida Second DCA holds that Florida Rule of Civil Procedure 1.530(g) prevented addition of liability insurer to judgment against insured more than 15 days after entry of judgment

On August 16, 2017, in Geico v. Nocella, Case No. 2D16-4696, the Florida Second DCA granted a defendant’s petition for writ of certiorari and quashed a trial court order which had allowed the prevailing plaintiff in a motor vehicle negligence trial to amend the judgment in the case to include the at fault driver’s liability insurer. The plaintiff had moved to amend 32 days after the entry of the final judgment. Section 627.4136(4) states that a liability insurer may be joined as a party defendant as follows: "At the time a judgment is entered or a settlement is reached during the pendency of litigation, a liability insurer may be joined as a party defendant for the purposes of entering final judgment or enforcing the settlement by the motion of any party . . . ." Florida Rule of Civil Procedure 1.530(g) sets a 15-day deadline to move to alter or amend a judgment, a rule which the Second DCA noted has been applied to the joinder of insurers to judgments against their insureds. See Nova Cas. Co. v. Wilson Developers, LLC, 212 So. 3d 477, 478 (Fla. 2d DCA 2017).

Categories: