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449 So. 2d 311

Beaupre v. Testa

District Court of Appeal of Florida · decided 1984-03-21

Cited by 1 later decisions — most recently August 1985

1 state decisions

Relies on 439 So. 2d 880 - VanBibber v. Hartford Acc. & Indem. Ins. Co. · Harris v. General Accident, Fire & Life Assurance Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1984-03-21

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PER CURIAM.

¶1Appellant appeals the trial court’s order dismissing as party defendants, appellees Cincinnati Insurance Company and Queen City Indemnity Company. The trial court’s order of dismissal was based on the non-joinder statute, section 627.7262, Florida Statutes (Supp.1982). Appellant also appeals the final judgment entered on a jury verdict finding for the appellant in the amount of $110,000. We reverse both the order of dismissal and the final judgment.

¶2Section 627.7262 became effective October 1,1982. The accident out of which appellant’s cause of action accrued occurred on September 28, 1981, and appellant’s cause of action was filed prior to the effective date of the statute. VanBibber v. Hartford Accident & Indemnity Insurance Company, 439 So.2d 880 (Fla.1983), holds section 627.7262 to be constitutional and not applicable to causes of action predicated on events occurring prior to the effective date of the statute. This court in Harris v. General Accident, Fire & Life Assurance Corp., Ltd., 442 So.2d 294 (Fla. 2d DCA 1983), applied VanBibberto re*312verse the trial court’s dismissal of the ap-pellee insurance company as a party defendant. We are required by VanBibberand Harristo do likewise.

¶3Appellant also raises as error the failure of the trial court to give one of appellant’s requested instructions. The subject of the requested instruction was adequately covered by the court’s general instructions, and the refusal to give appellant’s requested instruction was not error.

¶4Reversed and remanded for a new trial.

HOBSON, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
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