Security National Insurance Co. v. Gonzalez
An insurer that wrote only property damage coverage (bodily injury having been rejected) nonetheless provided a 'courtesy defense' of uncovered bodily injury and consortium claims; after a $679,526 judgment and a proposal-for-settlement fee award, the trial court joined the insurer to the amended final judgment as jointly and severally liable. The Second DCA reversed, holding joinder under section 627.4136 was improper because no covered cause of action was reduced to verdict, and that Macedo/Gray 'supplementary payments' precedent is inapplicable where the policy afforded no bodily injury coverage at all.
Key facts
- Security National Insurance Co. wrote a property damage liability policy for the defendant but rejected coverage for bodily injury; the insurer nonetheless provided a 'courtesy defense' of the plaintiff's uncovered bodily injury and loss of consortium claims.
- The property damage claim was settled and dismissed pre-trial; the bodily injury and consortium claims proceeded to trial, resulting in a $679,526 judgment and a proposal-for-settlement fee award.
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Why it matters
This decision gives insurers a strong defense against Macedo-style attempts to impose proposal-for-settlement fees via 'supplementary payments' clauses where the underlying claim was never covered, and it confirms that… — full analysis with a trial
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