DR. FREDDY GARGANO AND EVELYN GARGANO, APPELLANTS,
v.
LIBERTY MUTUAL INSURANCE COMPANY ET AL., APPELLEES
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The court affirmed summary judgment in favor of Liberty Mutual Insurance Company, holding that a homeowners liability policy's motor vehicle exclusion bars coverage for a negligent entrustment claim arising from the insured's negligent entrustment of a vehicle to their minor son.
The motor vehicle exclusion in the homeowners liability policy directly applies to defeat coverage because a negligent entrustment cause of action necessarily arises from the ownership, operation, or use of the motor vehicle.
[1] A homeowners liability insurance policy exclusion for bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading, or unloading of…
[2] A cause of action for negligent entrustment of a motor vehicle to a minor child, resulting in damages caused by the minor's negligent operation, arises from the ownership…
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Join FLexlaw to unlock all legal intelligence“there can be no insurance coverage on the subject homeowners liability policy [issued by the appellee Liberty Mutual Insurance Company] for bodily injury and property damage caused by the negligent operation of a motor vehicle as against a lawsuit brought [*221] against the insured appellants [Dr. Freddy Gargano and Evelyn Gargano] for the negligent entrustment of a motor vehicle to their minor son because an exclusion in the subject policy is, in our view, directly applicable to defeat coverage”
States the core holding that the motor vehicle exclusion bars coverage for the negligent entrustment claim
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Join FLexlaw to unlock all legal intelligenceDr. Freddy Gargano and Evelyn Gargano were sued for negligently entrusting a motor vehicle to their minor son, who caused bodily injury and property d…
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PER CURIAM.
The final summary judgment under review is affirmed upon a holding that there can be no insurance coverage on the subject homeowners liability policy [issued by the appellee Liberty Mutual Insurance Company] for bodily injury and property damage caused by the negligent operation of a motor vehicle as against a lawsuit brought against the insured appellants [Dr. Freddy Gargano and Evelyn Gargano] for the negligent entrustment of a motor vehicle to their minor son because an exclusion in the subject policy is, in our view, directly applicable to defeat coverage, to wit: “[t]his policy does not apply: ... a. [t]o bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: . (2) any motor vehicle owned or operated by, or rented or loaned to any insured.” The cause of action of negligent entrustment of a motor vehicle to a minor child resulting in damages caused by the minor’s negligent operation of the motor vehicle necessarily arises from the ownership, operation, or use of said motor vehicle, Spector v. Neer, 262 So. 2d 689 (Fla. 3d DCA 1972), and, accordingly, falls squarely within the above exclusion in the subject policy. Hanover Insurance Co. v. Grondin, 119 N.H. -, 402 A. 2d 174 (1979); Lumbermens Mutual Casualty, Co. v. Kosies, 124 Ariz. 136, 602 P. 2d 517 (Ct.App.1979); Barnstable County Mutual Fire Insurance Co. v. Lally, 374 Mass. 602, 373 N.E. 2d 966 (1978); Cooter v. State Farm Fire and Casualty Co., 344 So. 2d 496 (Ala.1977). The trial court was eminently correct in concluding that there could be no insurance coverage under this policy based on these circumstances.
Affirmed.
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Earnest Hagen and Jerry M. Richardson v. AETNA Cas. & Sur. Co., 675 So. 2d 963 (Fla. 5th DCA 1996)…ate and distinct incidents of negligence from the act itself is metaphysics at its best. The effort to change the focus from the fact that an injury results from the operation of a vehicle is not new. In Gargano v. Liberty Mutual Insurance Company, 384 So. 2d 220 (Fla. 3d DCA 1980), the plaintiff urged as an independent act of negligence the “negligent entrustment” of the vehicle to a minor child. The court rejected this theory, holding that any negligent entrustment necessarily arose out of the ownership, o…
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Cesarini v. Am. Druggist Ins. Co., 463 So. 2d 451 (Fla. 2d DCA 1985)…trial court, clearly applied to injury arising from the use or maintenance of the vehicle. The use to which the vehicle was being put at the time of the injury governs the applicability of the exclusion. See Gargano v. Liberty Mutual Insurance Co., 384 So. 2d 220 (Fla. 3d DCA 1980); Atkins v. Belle-fonte Insurance Co., 342 So. 2d 837 (Fla. 3d DCA 1977). Affirmed. RYDER, C.J., LEHAN, J., and BOARD-MAN, EDWARD F., (Ret.) J., concur.…
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Reserve Ins. Co. v. Stewart, 388 So. 2d 620 (Fla. 5th DCA 1980)…PER CURIAM. AFFIRMED. See Gargano v. Liberty Mutual Ins. Co., 384 So. 2d 220 (Fla. 3d DCA 1980); Johnson v. Unigard Ins. Co., 387 So. 2d 1058 (Fla. 5th DCA 1980). DAUKSCH, C. J., and COBB and FRANK D. UPCHURCH, Jr., JJ„ concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spector v. Neer, 262 So. 2d 689 (Fla. 3d DCA 1972)