10 Fla. L. Weekly Supp. 267b
Insurance — Maritime law — Salvage — Insurer’s motion to strike pleading for failure to name correct party is denied and plaintiff is allowed to substitute correct insurer — Jurisdiction — Savings to suitors clause of federal statute provides Florida courts with concurrent jurisdiction over salvor’s in personam claim — State nonjoinder of insurers statute does not bar claim against insurer under controlling maritime and salvage law
SEBASTIAN TOW BOAT & SALVAGE, INC., a Florida corporation, Plaintiff, vs. VERNON SLAVENS and ALLSTATE FLORIDIAN INSURANCE COMPANY, Defendant. County Court,18th Judicial Circuit in and for Brevard County. Case No. 05-2002-SC-025154. June 26, 2002. John M. Harris, Judge. Counsel: Patricia K. Olney, P.A., Port Canaveral. Daniel M. McNalis and Julie Porter, Powers, McNalis & Moody, Lake Worth.
ORDER
This cause came before the Court at the Pre-Trial Conference held on June 3, 2002, and after considering the motions then pending, hearing argument of counsel and the pro se defendant, and being otherwise fully advised in the premises, in accordance with the pronouncements made at the Pre-Trial Conference and the Court’s subsequent review of the authorities presented by counsel, it is hereby ORDERED AND ADJUDGED as follows:
1. The “Motion to Strike Pleading for Failure to Name the Correct Party” filed by Defendant Allstate Insurance Company is denied, and the “Motion to Substitute or Add Parties” filed by Plaintiff Sebastian Tow Boat & Salvage, Inc., is granted. ALLSTATE FLORIDIAN INSURANCE COMPANY is hereby substituted as a party defendant for ALLSTATE INSURANCE COMPANY. Allstate Insurance Company is removed as a party defendant and the style of the case is modified accordingly. All further pleadings, motions or other filings in this action are to be styled Sebastian Tow Boat & Salvage, Inc. v. Vernon Slavens and Allstate Floridian Insurance Co.
2. The “Motion to Dismiss” filed by Defendant Vernon Slavens is denied.
3. The “Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Cause of Action Upon Which Relief Can be Granted” filed in the name of Allstate Floridian Insurance Company is denied. The Court finds that the “savings to suitors” clause of 28 U.S.C. § 1333(1) provides the Florida state courts with concurrent jurisdiction over the salvor’s in personam claim in this case, as has been exercised by this and other Florida state courts in the past. See e.g., International Towing & Salvage, Inc. v. Crowley, Case No. 05-2001-SC-025981-XXXX-XX, County Court Brevard County, Florida (Judgment rendered by Judge Peter Haddad 11/27/2001); Sea Tow/Sea Spill of Savannah v. Phillips, 561 S.E.2d 827 (Ga. App. 2002). The Court also finds that Florida’s Nonjoinder of Insurer’s statute, § 627.7262, Fla. Stat., does not bar Plaintiff’s claim against Allstate Floridian Insurance Company under the controlling maritime law and the law of salvage. See Cresci v. The Yacht BILLFISHER, 874 F.2d 1550, 1991 AMC 146 (11th Cir. 1989); Sands v. One Unnamed 23′ Seacraft, 959 F. Supp. 1488, 1494 n. 6, 1997 AMC 1978 (M.D. Fla. 1997). Accordingly, the Complaint does state a cause of action against the insurer justiciable in this Court.
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