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54 So. 3d 1055 (Fla. 5th DCA 2011)

Following an automobile accident, an insured brought suit against his insurance company under his uninsured motorist policy. The insurance company denied coverage, asserting that he was required to join the tortfeasor and because he had not timely done so, he was not entitled to coverage. The trial court agreed and entered final summary judgment in favor of the insurance company. The insured retained Shannon McLin to appeal the adverse judgment and the insured prevailed on appeal. The Fifth District Court of Appeal agreed with Ms. McLin and her colleague’s argument that such a requirement to join a tortfeasor as a condition precedent to bringing suit for uninsured motorist benefits is against public policy. As such, the appellate court reversed the summary judgment entered against the insured and reinstated his suit against his insurance company.

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