AMERICAN STATES INSURANCE COMPANY, APPELLANT,
v.
DICK'S CRANE SERVICE, INC., AND LOYCE NEEL, ET UX., APPELLEES
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American States Insurance Company appealed a summary judgment finding that its insurance policy covered a crane operated by Dick's Crane Service, despite policy language excluding cranes from coverage. The court reversed and remanded, finding an ambiguity between the policy's exclusionary definitions and the schedules page listing the crane as a covered vehicle for which a premium was paid.
The court reversed the summary judgment in favor of Dick's Crane on the coverage issue and remanded for further proceedings. While the policy definitions expressly excluded cranes from coverage, the conflict between the exclusionary definitions and the schedules page showing a premium paid for the specific crane created an ambiguity that must be resolved in favor of the insured.
[1] An insurance policy's definition of "automobile" may exclude "mobile equipment," even if machinery like power cranes is attached to the vehicle.
[2] An insurance policy's definition of "mobile equipment" may exclude vehicles designed or maintained for the sole purpose of affording mobility to integral equipment like p…
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 above definitions clearly exclude cranes from liability coverage under the policy.”
Establishes that the policy's explicit language excludes cranes from coverage
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLoyce Neel, a carpenter employed by Gold Coast Forms, Inc., was injured when he fell from a precast form being lifted by a crane operated by Connie Ma…
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COBB, Judge.
Loyce Neel was a carpenter, employed by Gold Coast Forms, Inc., working on a condominium building. At the same building project, Connie May was operating a crane owed by Dick’s Crane Service, Inc. (Dick’s Crane). The crane was lifting a precast form up to the fourth floor of the condominium building, where Neel was to guide it into place. While gripping the form, Neel fell to the ground. He subsequently sued Dick’s Crane for his injuries.
Dick’s Crane Service, Inc. was insured by American States Insurance Company (American States) and requested it to defend the case. American States refused on the ground that their policy did not provide coverage for this incident. Both parties moved for summary judgment on the third party complaint. The trial court found that the policy of insurance issued by American States did not expressly exclude the truck crane from coverage, and entered summary judgment on the third party complaint in favor of Dick’s Crane. It is this order that American States is appealing.
The liability portion of the policy defined an “automobile” as:
A land motor vehicle, trailer or semi-trailer, designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment.
The policy further defined “mobile equipment” in part as:
A land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, ... which is designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part • of or permanently attached to such vehicle: power cranes....
The above definitions clearly exclude cranes from liability coverage under the policy. Therefore, the trial court was incorrect in finding that cranes were not expressly excluded from the liability portion of the policy. Without more, we would reverse the trial court’s final order on the coverage question in favor of Dick’s Crane and order the trial court to grant American States’ motion for summary judgment on that question. However, the schedules page of the policy showed that Dick’s Crane was paying a premium of $178.00 for bodily injury liability coverage for the PH truck crane that was the vehicle involved in this accident. Inexplicably, neither party pointed this fact out or discussed it on appeal. Nevertheless, there is apparently a conflict between the schedules page of the policy and the definitions of covered vehicles in the liability portion of the policy. Ordinarily, such conflicts are resolved in favor of the insured. Rucks v. Old Republic Life Insurance Company, 345 So. 2d 795 (Fla. 4th DCA 1977); Oliver v. United States Fidelity and Guaranty Company, 309 So. 2d 237 (Fla. 2d DCA 1975), cert. denied, 322 So. 2d 913 (Fla.1975). Thus, we have considered the possibility of an affirmance of the summary judgment under the rationale of Landers v. Milton, 370 So. 2d 368 (Fla.1979). However, due to the unresolved inferences available in the record before us, we feel that such an affirmance would not be proper. Accordingly, we reverse the trial court’s summary judgment in favor of Dick’s Crane on the coverage issue and remand this case to the trial court for further proceedings consistent with this opinion, which well may dictate the entry of a summary judgment for one party or the other upon clarification of the indicated conflict.
REVERSED and REMANDED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
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Morris v. United Sanitation Servs., 432 So. 2d 104 (Fla. 3d DCA 1983)…ngs and no abuse of discretion is shown on this record. See Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla.1978); Equitable Life Assurance Society of the United States v. Fairbanks, 400 So. 2d 550. (Fla. 4th DCA 1981); McInerney Ford, Inc. v. LeMire, 399 So. 2d 442 (Fla. 5th DCA 1981); Rivera v. White, 386 So. 2d 1233 (Fla. 3d DCA 1980); City of Miami v. Veargis, 311 So. 2d 693 (Fla. 3d DCA 1975). Affirmed.…
Authorities Cited
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
- Caves v. State, 322 So. 2d 913 (Fla. 1975)
- World Ins. Co. v. Wright, 322 So. 2d 913 (Fla. 1975)
- Rucks v. Old Republic Life Ins. Co., 345 So. 2d 795 (Fla. 4th DCA 1977)
- Oliver v. United States Fid. & Guar. Co., 309 So. 2d 237 (Fla. 2d DCA 1975)