46.051 Joinder of products liability insurers. - Florida Statutes

46.051 Joinder of products liability insurers.

   (1) No products liability insurer shall be joined as a party defendant in an action to determine the insured’s liability. However, each insurer which does or may provide products liability insurance coverage to pay all or a portion of any judgment which might be entered in the action shall file with the court, under oath, a statement by a corporate officer setting forth the following information with regard to each known policy of insurance:

   (a) The name of the insurer;

   (b) The name of each insured;

   (c) The limits of liability coverage; and

   (d) A statement of any policy or coverage defense which said insurer reasonably believes is available to the insurer filing the statement at the time of filing.

   (2) The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.

   (3) If the statement or any amendment thereto indicates that a policy or coverage defense has been or will be asserted, then the insurer may be joined as a party.

   (4) After the rendition of a verdict, or final judgment by the court if the case is tried without a jury, the insurer may be joined as a party and judgment may be entered by the court based upon the statement or statements herein required.

   (5) The rules of discovery shall be available to discover the existence of liability insurance coverage and its provisions.

   (6) This act is applicable to products liability actions based on either tort or contract causes of action.

History. ss. 2, 3, ch. 78-418; s. 5, ch. 2000-336.