ADMIRAL INSURANCE COMPANY ET AL., APPELLANTS,
v.
RICHARD PALMER AND SUSAN PALMER, ETC., BROWARD COUNTY SCHOOL BOARD ET AL., APPELLEES; INSURANCE COMPANY OF NORTH AMERICA, APPELLANT, V. RICHARD PALMER AND SUSAN PALMER, ETC. ET AL., APPELLEES
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Two insurance companies disputed their coverage obligations under policies issued to the Broward County School Board for an automobile-related injury. The trial court initially found both Admiral Insurance and Insurance Company of North America (INA) liable on a pro-rata basis, but the appellate court reversed, holding that Admiral's policy explicitly excluded coverage for injuries arising from automobiles used for class instruction.
The trial court lacked jurisdiction to dismiss claims against Admiral after Admiral had taken an appeal from the coverage ruling. Additionally, under the unambiguous provisions of the Admiral policy, coverage is excluded for injuries arising out of automobiles used for class instruction purposes, and therefore Admiral had no coverage obligation for the incident in question.
[1] A trial court lacks jurisdiction to dismiss claims against a party after that party has appealed an earlier ruling on a coverage issue.
[2] An appellate court may review a trial court's determination of insurance coverage when the underlying appeal is consolidated with subsequent appeals from related orders.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court was without jurisdiction to dismiss the claims against Admiral after Admiral had taken an appeal from the trial court's earlier ruling as to the coverage issue”
Establishes the jurisdictional error—that once an appeal is taken, the trial court loses power to enter orders affecting the appealed matter.
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Join FLexlaw to unlock all legal intelligenceThe Broward County School Board held liability insurance policies from both Admiral Insurance Company and Insurance Company of North America. An incid…
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PER CURIAM.
This appeal involves a dispute between two insurance companies as to the existence and extent of their respective obligations under policies of liability insurance written for the Broward County School Board. The trial court originally ruled that appellant Admiral Insurance Company provided coverage to the School Board on an equal pro-rata basis with appellee, Insurance Company of North America (INA). Admiral appealed, but while that appeal was pending, the trial court entered orders dismissing claims by INA against Admiral after the original claimants executed settlement releases which included Admiral as a party released. INA appealed those orders. All the appeals have been consolidated.
Initially, we agree with INA’s contention that the trial court was without jurisdiction to dismiss the claims against Admiral after Admiral had taken an appeal from the trial court’s earlier ruling as to the coverage issue. See Fla.R.App.P. 9.600; Waltham A. Condominium Association v. Village Management, Inc., 330 So. 2d 227 (Fla. 4th DCA 1976). However, we also believe the trial court erred in determining in its order of May 31, 1979 that Admiral’s policy did provide coverage for the incident in question. Under the unambiguous provisions of the Admiral policy coverage is excluded for injuries arising out of the use of automobiles utilized for the purpose of class instruction. It is undisputed herein that the incident in question arose out of such use of an automobile and accordingly, there is no coverage under the Admiral policy. Indiana Insurance Company v. Winston, 377 So. 2d 718 (Fla. 4th DCA 1980).
Accordingly, this cause is hereby reversed and remanded for entry of judgment in accordance with the terms of this opinion.
LETTS, C. J., ANSTEAD, J., and RIVKIND, LEONARD, Associate Judge, concur.
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