Florida/Georgia Personal Injury & Workers Compensation

...significant to a child. We believe that the loss of parental consortium is no less important when a parent survives than when he or she dies. Therefore, such an injury must be redressable. [9] The jurisdictional issue raised by appellees — whether section 627.7403, Florida Statutes (1980) requires that appellants bring all derivative claims arising out of plaintiff's injuries in one action — cannot be *364 answered with reference to the record before us because there is no indication what statutes the previous cases were brought pursuant to....

...res judicata. Copies of motions for summary judgment and a final summary judgment in another action in which the parties were involved were attached to the motion. After considering the motion and the argument of counsel, the trial court, based upon section 627.7403, Florida Statutes (1995), and upon the holding of Florida Patient's Compensation Fund v....

...Because the trial court erred in dismissing Ms. Bolz's complaint based upon a procedurally incorrect motion, we are not required to decide if the law relied upon by the trial court was properly applied in this matter or if Ms. Bolz was improperly denied her right to show "good cause" under section 627.7403, and because of the inadequate record furnished to us, we decline to do so....

...Collier’s right to arbitration of an uninsured motorist claim subsequent to arbitration of the claim of her injured spouse. Appellant Allstate presents only one point on appeal, namely: WHETHER THE MANDATORY JOIN-DER OF DERIVATIVE CLAIMS STATUTE, SECTION 627.7403, FLORIDA STATUTES IS APPLICABLE TO DERIVATIVE CLAIMS ASSERTED IN ARBITRATION PROCEEDINGS UNDER THE FLORIDA UNINSURED MOTORIST INSURANCE LAW, SO AS TO BAR A DERIVATIVE CLAIM SOUGHT TO BE ARBITRATED SUBSEQUENT TO THE ARBITRATION OF THE INJURED SPOUSE’S UNINSURED MOTORIST CLAIM....

...Zipporah made a demand for arbitration of her derivative claim for loss of consortium as a result of her husband’s injury. Allstate then filed a complaint for declaratory relief, alleging that Mrs. Collier’s claim was barred by the provisions of section 627.7403....

...Weiss, 385 So.2d 661 (Fla. 3d DCA 1980). Damages for loss of consortium are also recoverable under uninsured motorist coverage, Mobley v. Allstate Insurance Co., 276 So.2d 495 (Fla. 2d DCA 1973). Allstate asserts that Mrs. Collier’s claim is barred by section 627.7403, Florida Statutes, which states: In any action brought pursuant to the provisions of s....

...equired “in any action brought pursuant to the provisions of § 627.737.” Mrs. Collier’s action was brought pursuant to the provisions of her contract of insurance with appellant, not pursuant to the provisions of section 627.-737. In our view section 627.7403 was enacted to mandate joinder of all personal injury claims in a single tort action at law....

...Taylors failed to properly join their derivative claim with that of their father, Laury Taylor, the injured party, in his original suit against GMAC, and no good cause was shown why such derivative claims should be brought separately as required by section 627.7403, Florida Statutes (1991)....

...significant to a child. We believe that the loss of parental consortium is no less important when a parent survives than when he or she dies. Therefore, such an injury must be redressable. 9 The jurisdictional issue raised by appel-lees — whether section 627.7403, Florida Statutes (1980) requires that appellants bring all derivative claims arising out of plaintiff’s injuries in one action — cannot be *364 answered with reference to the record before us because there is no indication what statutes the previous cases were brought pursuant to....