National Corporacion Venezolana, S.A. v. M/v Manaure V, Etc., Seguros Orinoco, C.A. And the Steamship Mutual Underwriting Association (Bermuda) Ltd.

The question presented in this appeal is whether under Florida law a third party can maintain a direct action against a marine liability insurer in a cargo damage action accruing after October 1, 1982. The district court granted the defendant marine insurer’s motion to dismiss, holding that a third party could not maintain a direct action against a marine liability insurer. Fla. StatAnn. § 627.7262 prohibits the direct actions by third parties against liability insurers that had been available under the doctrine of Shingleton v. Bussey, 223 So.2d 713 (Fla.1969). Although Florida law clearly…