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.
Key facts
- Injured auto-accident plaintiffs entered a default (but not a final default judgment) against the alleged tortfeasor in an underlying state tort suit.
- The plaintiffs then sued the tortfeasor's grandfather's insurer seeking a declaratory judgment that the liability policy covered the tortfeasor.
- +2 more key facts with a free trial
Why it matters
Practitioners handling third-party coverage suits should note the sharp line drawn between an entry of default and a default judgment for purposes of § 627.4136: a state-court order labeled 'Order Granting Motion for… — full analysis with a trial
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