(1) No products liability insurer shall be joined as a party defendant in an action to determine the insured’s liability. However, each insurer which does or may provide products liability insurance coverage to pay all or a portion of any judgment which might be entered in the action shall file with the court, under oath, a statement by a corporate officer setting forth the following information with regard to each known policy of insurance:
- (a) The name of the insurer;
- (b) The name of each insured;
- (c) The limits of liability coverage; and
- (d) A statement of any policy or coverage defense which said insurer reasonably believes is available to the insurer filing the statement at the time of filing.
- (2) The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.
- (3) If the statement or any amendment thereto indicates that a policy or coverage defense has been or will be asserted, then the insurer may be joined as a party.
- (4) After the rendition of a verdict, or final judgment by the court if the case is tried without a jury, the insurer may be joined as a party and judgment may be entered by the court based upon the statement or statements herein required.
- (5) The rules of discovery shall be available to discover the existence of liability insurance coverage and its provisions.
- (6) This act is applicable to products liability actions based on either tort or contract causes of action.
History.—ss. 2, 3, ch. 78-418; s. 5, ch. 2000-336.