On December 4, 2014, the Florida Supreme Court issued its opinion in Morales v. Zenith Ins. Co. Before we discuss the decision, let’s run through a brief summary of the case and how it ended up before the Florida Supreme Court.
While employed by Lawns Nursery, Santana Morales, Jr. was crushed to death by a palm tree. Morales’ widow settled the workers’ compensation claim with Lawns Nursery and its workers’ compensation/ employer’s liability carrier, Zenith. The settlement included a release specifically choosing workers’ compensation as the sole remedy under Zenith’s workers’ compensation/employer’s liability policy.
Morales’ estate had a separate wrongful…