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Shingleton v. Bussey

Florida Supreme Court

223 So.2d 713 (1969)

Relevant factsFree

A motor vehicle liability insurance policy contained language barring any cause of action against the insurer until a judgment was first obtained against the policyholder, and separately barring an injured third party from joining the insurer in any action to determine the policyholder's liability; the trial court construed the policy as a 'quasi-third-party beneficiary' contract giving the injured third party a direct right of action against the insurer.

IssueFree

Whether an insurance company can unreasonably defer or prevent its potential liability in a motor vehicle insurance policy by placing restraints upon the right of a third-party beneficiary to sue the insurance company directly and to join the insurance company as a defendant in a cause of action to determine the liability of a policyholder.

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