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STATE FARM FIRE AND CASUALTY CO. v. HIGGINS

No. 4D99-2989.

788 So.2d 992 (2001)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant/Cross-Appellee, v. Charles B. HIGGINS, and Cheryl L. Ingalls, f/k/a Cheryl L. Steele, Appellees/Cross-Appellants, and Maureen Bradley, f/k/a Maureen Higgins, Appellee.

District Court of Appeal of Florida, Fourth District.

January 3, 2001.

Attorney(s) appearing for the Case

Elizabeth K. Russo of Russo Parrish Appellate Firm, Miami, and Sachs, Sax & Klein, P.A., Boca Raton, for Appellant/Cross-Appellee.

John P. Wiederhold of Wiederhold, Moses & Rubin, P.A., West Palm Beach, for Appellee/Cross-Appellant-Charles B. Higgins.

Theodore A. Deckert of Law Office of Theodore A. Deckert, P.A., and Joseph K. Still, Jr., P.A., West Palm Beach, for Appellee/Cross-Appellant-Cheryl L. Ingalls, f/k/a Cheryl L. Steele.

EN BANC

GROSS, J.

The main issues in this case concern the viability of a declaratory judgment action on the issue of insurance coverage when the underlying negligence lawsuit remains pending. We hold in this case that a declaratory judgment is proper to determine the existence of insurance coverage, a ruling that is consistent with the modern trend according broad scope to the Declaratory Judgments Act, Chapter 86, Florida Statutes (2000).

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