Dunaway v. Chubb Insurance Company of New Jersey
Injured auto-accident plaintiffs obtained an entry of default (not a final default judgment) against the alleged tortfeasor in the underlying state tort suit, then sued the tortfeasor's grandfather's insurer for a declaratory judgment that the policy covered the tortfeasor. The court held the action was ripe under Article III (Edwards v. Sharkey controls, so no final judgment is required), but that Florida's nonjoinder statute, § 627.4136, barred the claim because a mere entry of default is neither a 'settlement' nor a 'verdict,' and dismissed without prejudice.
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