Florida Court Finds Underlying Tort Claimants Are Not Necessary Parties to DJ Action In Priority of Coverage Dispute

The plaintiff, Northern Assurance Company of America, sought a declaration as to the priority of coverage between its policy and that of the defendant, Auto-Owners, with respect to the underlying action.  In the underlying action, Ray Lequerique alleged that he was injured while visiting David Giannone, Inc. (Giannone), a property owned by the Anthony Family Limited Partnership (Anthony) and leased to the Aqua Toy Store, Inc. (Aqua). Aqua Toy Store was insured by the plaintiff Northern Assurance. Giannone  was insured by the defendant Auto-Owners under …

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