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2nd DCAJanuary 3, 2025Petition for Writ of Prohibition Granted; Order Quashed🔬 Novel Issue

Illinois Union Insurance Co. v. McGinley

Case No. 2D2023-2260

After consent final judgments were entered against a bar and related defendants in dram-shop personal injury suits, the judgments purported to 'retain' jurisdiction to permit amended complaints asserting coverage, breach of contract, and bad faith claims against the insurer, which had never been a party. The Second District granted prohibition, holding the trial court had no jurisdiction to retain jurisdiction over unpleaded claims against a nonparty insurer after final judgment resolved all pleaded claims, and quashed the order denying the insurer's motions to dismiss.

Key facts

  • Illinois Union Insurance Co., the insurer, sought prohibition after a trial court purported to retain jurisdiction in final consent judgments against a bar and related defendants in dram-shop personal injury suits to allow amended complaints asserting coverage, breach of contract, and bad faith claims against the insurer, which had never been named as a party.
  • The trial court entered final judgments on all pleaded negligence claims and then issued an order denying the insurer's motions to dismiss, allowing the case to proceed with new claims against the insurer that had not been pleaded when the judgments were entered.
  • +1 more key fact with a free trial

Why it matters

This is the first published Florida decision squarely addressing whether a trial court may reserve jurisdiction in a personal injury final judgment to entertain later coverage and bad faith claims against a nonparty… — full analysis with a trial

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