Wednesday, January 1, 2014

Shingleton v. Bussey case brief

Shingleton v. Bussey case brief summary
223 So.2d 713 (1969)

CASE SYNOPSIS
Appeal from the judgment of the District Court of Appeal, First District (Florida), finding that the trial court erred in dismissing appellant insurer as a party defendant in an action against appellant insured, in a case arising from an automobile collision.

CASE FACTS
This case arose out of an automobile collision.

PROCEDURAL HISTORY
The district court held that the trial court erred in dismissing appellant insurer as a party defendant in an action against appellant insured.

DISCUSSION

  • The supreme court affirmed the district court's conclusion that the liability policy was required to be construed as a quasi-third party beneficiary contract, thereby giving the injured third-party an unquestionable right to bring a direct action against the insurance company as a party defendant. 
  • The court concluded that a direct cause of action inures to a third-party beneficiary against an insurer in motor vehicle liability insurance coverage cases as a product of the prevailing public policy of Florida.
CONCLUSION
The judgment of the district court was affirmed because appellant insurer was improperly dismissed as a party defendant in an action against appellant insured, where the injured third-party had an unquestionable right to bring a direct action against the insurance company as a party defendant.

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