Hatcher v. Roberts
Hatcher v. Roberts
Opinion of the Court
Jimmy Hatcher appeals from a final order of the trial court granting a motion to dismiss with prejudice as to all of the ap-pellee insurance companies. The court’s dismissal was based on section 627.7262(1), Florida Statutes (1982), which provides as follows:
It shall be a condition precedent to the accrual or maintenance of a cause of action against a liability insurer by a person not an insured under the terms of the liability insurance contract that such person shall first obtain a judgment against a person who is an insured under the terms of such policy for a cause of action which is covered by such policy.
This statute was held constitutional by the Florida Supreme Court in VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d 880 (Fla. 1983), but the Court specifically found that because it was a substantive statute it was inapplicable to causes of action “predicated on
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.