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Dominion of Canada, 754 So. 2d at 856-57 (footnotes omitted). In summary, Dominion of Canada held that the last sentence of section




627.727(6)(b) was merely permissive and that therefore section 627.727 did not require that the statute of limitations period begin to run only once the UM claim was resolved. Metropolitan, on the other hand, held that the last sentence of section 627.727(6)(b) was mandatory and that no subrogation cause of action between Metropolitan and Lucas could be brought until the UM claim was resolved. This Court is now presented with these conflicting interpretations of section 627.727 on discretionary review. We approve the Fifth District's decision in Metropolitan and disapprove the Second District's decision in Dominion of Canada to the extent it conflicts with this decision.




ANALYSIS




We have repeatedly stated that the central purpose of statutory interpretation is deciphering and giving effect to legislative intent. State v. J.M., 824 So. 2d 105, 109 (Fla. 2002) ("It is well settled that legislative intent is the polestar that guides a court's statutory construction analysis."); Carlile v. Game & Fresh Water Fish







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Com'n, 354 So. 2d 362, 364 (Fla. 1977) ("In determining the meaning of a statute we must look to the intent of the Legislature in enacting that statute."). That legislative intent is chiefly derived from the language of the statute itself. Tropical Coach Line, Inc. v. Carter, 121 So. 2d 779, 782 (Fla. 1960) ("If the language of the statute is clear and unequivocal, then the legislative intent must be derived from the words used without involving incidental rules of construction or engaging in speculation as to what the judges might think that the legislators intended or should have intended."); Joshua v. City of Gainesville, 768 So. 2d 432, 435 (Fla. 2000) ("When interpreting a statute and attempting to discern legislative intent, courts must first look at the actual language used in the statute.").


When a statute's language is plain and unambiguous, there can be no resort to statutory construction. Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So. 2d 452, 454-55 (Fla. 1992) (citing numerous cases and concluding that "[t]he sum of these cases is that this Court is without power to construe an unambiguous statute"). This Court does not question the wisdom of a statute but instead applies the statute according to the Legislature's direction. Finally, this Court will only override the plain language of a statute "when there are cogent reasons for believing that the letter [of the statute] does not accurately disclose the [legislative] intent." Stave ex rel. Hanbury v. Tunnicliffe, 124 So. 279, 281 (Fla. 1929).







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Accordingly, we begin our analysis with the language of the statute. Section




627.727(6) (2004), subsections (a) and (b), Florida Statutes (2004), state:




(6)(a) If an injured person or, in the case of death, the personal representative agrees to settle a claim with a liability insurer and its insured, and such settlement would not fully satisfy the claim for personal injuries or wrongful death so as to create an underinsured motorist claim, then written notice of the proposed settlement must be submitted by certified or registered mail to all underinsured motorist insurers that provide coverage. The underinsured motorist insurer then has a period of 30 days after receipt thereof to consider authorization of the settlement or retention of subrogation rights. If an underinsured motorist insurer authorizes settlement or fails to respond as required by paragraph (b) to the settlement request within the 30- day period, the injured party may proceed to execute a full release in favor of the underinsured motorist's liability insurer and its insured and finalize the proposed settlement without prejudice to any underinsured motorist claim.




(b) If an underinsured motorist insurer chooses to preserve its subrogation rights by refusing permission to settle, the underinsured motorist insurer must, within 30 days after receipt of the notice of the proposed settlement, pay to the injured party the amount of the written offer from the underinsured motorist's liability insurer. Thereafter, upon final resolution of the underinsured motorist claim, the underinsured motorist insurer is entitled to seek subrogation against the underinsured motorist and the liability insurer for the amounts paid to the injured party.


(Emphasis added.) When considering the meaning of terms used in a statute, this Court looks first to the terms' ordinary definitions. Hanbury, 124 So. at 281 ("In the interpretation of statutes[,] words in common use are to be construed in their natural, plain, and ordinary signification, unless it appears they were used in a technical or other sense."). Those definitions may be derived from dictionaries.








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L.B. v. State, 700 So. 2d 370, 372 (Fla. 1997) ("[A] court may refer to a dictionary to ascertain the plain and ordinary meaning which the legislature intended to ascribe to the term.").


The common meaning of the terms used in section 627.727(6) supports the result that the Fifth District reached. In the first portion of section 627.727(6)(b), the statute explains that to preserve its UM subrogation rights, the UM carrier must pay the injured party--its insured--the amount the tortfeasor offered the injured party as a settlement. The statute then states:


Thereafter, upon final resolution of the underinsured motorist claim, the underinsured motorist insurer is entitled to seek subrogation against the underinsured motorist and the liability insurer for the amounts paid to the injured party. § 627.727(6)(b), Fla. Stat. (2004) (emphasis added).


The critical terms in the pertinent portion of section 627.727(6)(b) are "upon" and "entitled." "Upon" commonly means "on," "thereafter, thereon," and "on." Merriam-Webster's Collegiate Dictionary (11th ed. 2005) ("on;" "thereafter, thereon"); American Heritage Dictionary (4th ed. 2000) ("on"). The use of the word "entitle" commonly means "to furnish with proper grounds for seeking or claiming something," "[t]o furnish with a right or claim to something," and "[t]o grant a legal right to or qualify for." Miriam-Webster's Collegiate Dictionary (11th ed. 2005) ("to furnish with proper grounds for seeking or claiming something"); American Heritage Dictionary (4th ed. 2000) ("[t]o furnish with a







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right or claim to something"); Black's Law Dictionary (8th ed. 2004) ("[t]o grant a legal right to or qualify for").


Reading the statute in light of these definitions, the statute plainly explains that it is only thereafter or on ("upon") the final resolution of the UM claim that the UM carrier has the right ("is entitled") to pursue its subrogation claim. The statute emphasizes that the UM carrier is only "entitled" to bring any such subrogation claim "upon" a certain action occurring. That certain action is the "final resolution of the underinsured motorist claim." Accordingly, the statutory language is plain in its requirement that the UM carrier is not entitled to bring a subrogation claim until after the UM claim has reached "final resolution."



This Court's precedent on statutory construction also supports the Fifth District's interpretation of section 627.727(6). We have recognized that "the Legislature does not intend to enact useless provisions, and courts should avoid readings that would render part of a statute meaningless." State v. Goode, 830 So. 2d 817, 824 (Fla. 2002); see also Martinez v. State, 981 So. 2d 449, 452 (Fla. 2008) (repeating this quote). "[W]ords in a statute are not to be construed as superfluous if a reasonable construction exists that gives effect to all words." State




v. Bodden, 877 So. 2d 680, 686 (Fla. 2004). Reading section 627.727(6) as permissive ignores the emphasized language "[t]hereafter, upon final resolution of the underinsured motorist claim, the underinsured motorist insurer is entitled to







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seek subrogation against the underinsured motorist." § 627.727(6)(b), Fla. Stat. (2004) (emphasis added). If the statute only stated "[t]hereafter, the underinsured motorist insurer is entitled to seek subrogation" then it would seem clear that the timeframe in which the UM carrier could seek subrogation was more flexible and tied only to the UM insurer first paying its insured to preserve its subrogation rights. However, the language "upon final resolution of the underinsured motorist claim" must be given meaning, and the most logical meaning of that language is to read it as imposing a condition precedent to the UM carrier's entitlement to bringing a subrogation claim. Accordingly, this canon of statutory construction supports the Fifth District's interpretation, and we approve Metropolitan.



Finally, we conclude that in view of the legislative modification of the time when the UM insurer can bring a subrogation action, the statute of limitations for bringing the subrogation action must likewise be modified. Therefore, we expressly hold that the statute of limitations for the bringing of a UM subrogation action--which cannot be brought until "final resolution of the underinsured motorist claim"--begins to run from the time of the final resolution of the UM claim. We disapprove of the decision of the Second District in Dominion of Canada, which is in conflict with this holding as to the time that the statute of limitations begins to run.


CONCLUSION








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Because the language of section 627.727(6)(b) plainly states that an UM carrier "is entitled to seek subrogation" only "upon final resolution of the underinsured motorist claim," we conclude that the statute is mandatory, as the Fifth District held in Metropolitan. This result is supported by the plain language of the statute and our precedent on statutory interpretation. We further note that because section 627.727(6) affects the substantive rights of UM carriers by limiting their ability to bring a subrogation action until final resolution of the UM claim, the statute of limitations for UM carrier subrogation claims under the statute does not begin to run until final resolution of the UM claim. Accordingly, we disapprove Dominion of Canada to the extent it conflicts with this decision, approve Metropolitan, and remand for further proceedings consistent with this decision.



It is so ordered.


QUINCE, C.J., PARIENTE and CANADY, JJ., and ANSTEAD, Senior Justice, concur.


LEWIS, J., concurs in result only with an opinion.


POLSTON, J., concurs in part and dissents in part with an opinion.


NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.


LEWIS, J., concurring in result only.



I cannot agree with the majority that the language of this statute is clear, plain, and unambiguous with regard to existing rights of common-law subrogation.








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The statute requires interpretation and construction to avoid serious problems. In my view, the majority has provided a necessary statutory interpretation and construction, including reference to an accrual of a cause of action for subrogation, that is necessary, correct, and essential for the valid application of this provision.


POLSTON, J., concurring in part dissenting in part.



I respectfully concur in part and dissent in part. I would dismiss the case because Metropolitan has taken inconsistent positions and because the Fifth District Court of Appeal's decision in Metropolitan Casualty Insurance Co. v. Tepper, 969 So. 2d 403 (Fla. 5th DCA 2007), does not conflict with the Second District Court of Appeal's decision in Dominion of Canada v. State Farm Fire & Casualty Co., 754 So. 2d 852 (Fla. 2d DCA 2000). On the merits, if it were appropriate to review this case, I would agree with the result of the majority's opinion to the extent it approves the Metropolitan decision, but would disagree that a condition precedent is required by a plain reading of section 627.727(6)(b), Florida Statutes (2004).




I. METROPOLITAN'S INCONSISTENT POSITIONS


Tepper, the injured plaintiff/insured brought an action against Lucas, the alleged tortfeasor (count I for negligence) and against Metropolitan (count II for UM benefits). Metropolitan, 969 So. 2d at 404. After Metropolitan paid Tepper $25,000, the settlement offer by Lucas, and preserved its subrogation rights







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pursuant to section 627.727(6), Florida Statutes (2004), Lucas moved to dismiss Tepper's claim without objection from Tepper. Id. at 405. Although Metropolitan made no claim of its own against Lucas, it objected to the trial court's dismissal of Tepper's claim against Lucas. Id.


The trial court granted Lucas' motion to dismiss, stating that "[t]he court finds that if Lucas is to be a part of these proceedings based upon the present status of the case, it would have to be based upon a third party action brought by Metropolitan Casualty Insurance Company." The trial court did not permit Metropolitan to require Tepper's claim against Lucas to go forward when Tepper had no desire to do so and the policy language did not require it. The only remaining claim in the lawsuit was Tepper's UM claim against Metropolitan.


Accordingly, the trial court noted that under the "present status of the case," if Metropolitan Casualty wanted to make Lucas "a part of these proceedings," it would have to bring a third-party action. The trial court did not rule on the merits of a third-party action not yet brought -- that would have been premature. It simply stated that "if" Lucas was to be brought into this UM action, Metropolitan would need to initiate it through its own action rather than require Tepper to bring the claim. Metropolitan elected to not file a third-party claim under the trial court's ruling and instead appealed Lucas' dismissal. Accordingly, the third-party complaint was not brought, no legal defense to a third-party complaint under the







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statutory language of section 627.727(6)(b) was made, and the trial court never reached the merits of the meaning of section 627.727(6)(b).


On appeal to the Fifth District, Metropolitan made three arguments: (i) the trial court erred by looking beyond the four corners of the complaint when it granted Lucas' motion to dismiss; (ii) the trial court's order directly conflicts with the requirements of section 627.727(6)(b); and (iii) the trial court erred in granting the motion to dismiss because the policy language required Tepper to join Lucas as a defendant. Id. at 405-08. It is the second issue, the interpretation of section




627.727(6)(b), that is before this Court and the basis of alleged conflict jurisdiction.


As the majority recognizes, Metropolitan argued in the Fifth District that the trial court erred by requiring it to bring a third-party action because the statute required its subrogation claim to be brought after the UM claim was concluded.


Specifically, in its initial brief to the Fifth District, Metropolitan argued:


According to the clear language of [section 627.727(6)(b)], METROPOLITAN's subrogation claim, if any, necessarily arises after the conclusion of Tepper's UM claim against METROPOLITAN, not during the pendency of the UM claim.


The Trial Court essentially ordered that LUCAS could be brought back into the proceedings below, only as a third party defendant in an action brought by METROPOLITAN. According to the statute, however, the insurer's entitlement to a subrogation action against the tortfeasor and its insurer does not exist until after the UM claim is resolved. Thus, the statutory language refutes the Trial Court's conclusion below that any further participation by LUCAS in the pending UM claim would be as a third party defendant in an







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action brought by METROPOLITAN. The clear and unambiguous terms of the statute specifically contemplate that an action by the insurer against the tortfeasor arises only after the completion of the insured's UM claim against its insurer. Consequently, METROPOLITAN is not permitted under the statute to file a subrogation action or a third party action against LUCAS until TEPPER's UM claim against METROPOLITAN is resolved.


Initial Brief of Metropolitan Casualty Insurance Company at 11-12, Metro. Cas.


Ins. Co. v. Tepper, 969 So. 2d 403 (Fla. 5th DCA 2007) (emphasis added).




Although the Fifth District concluded that the trial court did not err by dismissing Lucas, it agreed with Metropolitan that the trial court erred in finding Metropolitan could bring a third-party action against Lucas. Metropolitan, 969 So. 2d at 407. Metropolitan sought review in this Court, asserting that the Fifth District's opinion conflicted with the Second District's opinion in Dominion. In its jurisdictional brief, Metropolitan noted that the Fifth District concluded it could file an action against Lucas only after the final resolution of Tepper's underinsured motorist claim. Metropolitan Casualty Insurance Company's Jurisdictional Brief at 3. Metropolitan then noted that the Second District in Dominion held that the statutory provision is permissive and "does not preclude the institution of a subrogation action until after the underinsured claim is resolved." Id. No mention was made in Metropolitan's jurisdictional brief or in its initial brief to this Court that the Fifth District's opinion interpreted the statutory provision consistently with Metropolitan's argument to that court.







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On appeal before this Court, Metropolitan now argues that the Fifth District erred (i) by dismissing Lucas from Tepper's claims and (ii) by concluding that a third-party action against Lucas could not be filed because the subrogation claim must wait until after final resolution of the UM claim. This second argument, interpreting section 627.727(6)(b), is contrary to the argument Metropolitan made to the Fifth District. Lucas answers Metropolitan's initial brief by rejecting Metropolitan's "contention that it should be permitted to file a subrogation claim against LUCAS prior to the final resolution of TEPPER's UM claim. . . . The plain meaning of the emphasized text [from section
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