MARKERT v. JOHNSTON

No. 52591, 53632 and 52577.

367 So.2d 1003 (1978)

Norma Jean MARKERT, Petitioner, v. James Louis JOHNSTON and Allstate Insurance Company, Respondents. Margaret Ingram, Appellant, v. Anna ROSNER and Liberty Mutual Insurance Company, Appellees. James L. O'QUINN and State Farm Insurance Company, Petitioners, v. Charles THOMPSON, Respondent.

Supreme Court of Florida.

Rehearing Denied February 16, 1979.


Attorney(s) appearing for the Case

W. Dexter Douglass of Douglass, Powell & Davey, Tallahassee, for petitioner in Case No. 52591.

Ford L. Thompson of Thompson, Wadsworth, Messer, Turner & Rhodes, Tallahassee, for respondents, in Case No. 52591.

Robert Orseck of Podhurst, Orseck & Parks, Miami, for Academy of Florida Trial Lawyers, amicus curiae.

David R. Lewis of Lewis, Paul, Isaac & Castillo, Jacksonville, Fla., for appellant in Case No. 53632.

John C. Taylor, Jr. of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, Fla., for appellees in Case No. 53632.

John E. Mathews, Jr. and Stephen E. Day of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, Fla., for petitioners in Case No. 52577.

Robert F. Spohrer of Zisser & Robison, Jacksonville, Fla., for respondent in Case No. 52577.

Robert Orseck of Podhurst, Orseck & Parks, Miami, Fla., for Academy of Florida Trial Lawyers; and W.O. Birchfield and William A. VanNortwick, Jr. of Martin, Ade, Birchfield & Johnson, Jacksonville, Fla., for American Insurance Association, amici curiae.


ENGLAND, Chief Justice.

These consolidated cases present for our consideration the singular legal issue of whether Section 627.7262, Florida Statutes (1977), is constitutional.1 That statute prohibits the joinder of a motor vehicle liability insurer as a defendant in a lawsuit brought against its insured. The statute reads as follows:

(1) No motor vehicle liability insurer shall be joined as a party defendant in an action to determine...

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