SOUTHEASTERN FIDELITY INSURANCE COMPANY, APPELLANT,
v.
SUWANNEE LUMBER MANUFACTURING CO., INC., LEROY E. EVANS AND RONALD EVANS, APPELLEES
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Southeastern Fidelity Insurance Company appeals a judgment awarding coverage to Suwannee Lumber for a fire loss on equipment. The court reverses, holding that Suwannee, though listed as a lienholder on the insurance policy, was not a named insured and therefore cannot recover under the policy.
The court held that Suwannee cannot recover because it was not a named insured on the policy. Although Suwannee had an insurable interest as a lienholder, the policy language is plain and unambiguous in naming only the Rhodes as insureds. Suwannee is not a third-party beneficiary absent a liability policy context or specific endorsements such as a loss payee clause or lienholder's endorsement.
[1] An insurance policy listing a party as a lienholder does not make that party a named insured.
[2] An insurance policy should not be construed in favor of the insured when its language is plain and unambiguous.
Previewing 2 of 5 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 general rule that an insurance policy should be strictly construed in favor of the insured and against the insurer does not apply where the language used in the policy is so plain and unambiguous as to leave no room for construction.”
Establishes the principle that ambiguity must exist before applying the contra proferentem rule against insurers.
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Join FLexlaw to unlock all legal intelligenceSuwannee purchased a skidder and transferred it to Eddie Earl and Howard Rhodes in October 1977. Suwannee obtained an insurance policy naming the Rhod…
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McCORD, Judge.
Southeastern Fidelity Insurance Company (Southeastern) appeals from a final judgment holding that an insurance policy issued by Southeastern covered a loss sustained by Suwannee Lumber Manufacturing Company (Suwannee). We reverse. The material facts to this appeal are essentially undisputed. At some time prior to October 1977, Suwannee purchased a certain piece of equipment, referred to as a “skidder,” for use in its logging operations. This skidder was then “transferred” in October of 1977 to Eddie Earl and Howard Rhodes.1 At that time, Henry Parrott, an agent for Suwannee, went to an insurance agent for Southeastern and obtained a policy of insurance in the Rhodes’ name. At Parrott’s request, Suwannee was shown on the face of the policy as holding the lien on the skidder. Several months later, the Rhodes sold the equipment to Howard and Ronald Evans. Receiving the skidder from Su-wannee and not from the Rhodes, the Evans executed a security agreement in favor of Suwannee. Among other things, the security agreement provided for the Evans to purchase insurance on the equipment, which they did not do. Subsequently, the skidder was involved in a fire, the residual parts for which were sold for approximately $3,000. Its value prior to the fire was from $11,000 to $12,000, and it was insured in the amount of $6,800. Neither Southeastern nor the insurance agent were notified of the change of ownership until after the skidder was involved in the fire. When Southeastern refused to pay for the damages suffered, Suwannee brought this action below.
Suwannee argues that, as a lienholder, it is entitled to recover under the policy. Alternatively, it argues that the policy was vague as to the intent of the contracting parties and that the trial judge could use additional evidence to interpret or construe that intent in Suwannee’s favor. We disagree on both counts.
As mentioned above, the policy on its face shows that the named insureds were the Rhodes and that Suwannee was merely listed as a lienholder. As such, Suwannee clearly had an insurable interest in the skid-der, but it was not a named insured in the policy.
The general rule that an insurance policy should be strictly construed in favor of the insured and against the insurer does not apply where the language used in the policy is so plain and unambiguous as to leave no room for construction. Travelers Ins. Co. v. C. J. Gayfers & Co., 366 So. 2d 1199 (Fla. 1st DCA 1979). Along these lines, the courts of Florida have consistently held that the term “named insured” has a restricted meaning and does not apply to persons not specifically named in the policy. See, e.g., Kohly v. Royal Indemnity Co., 190 So. 2d 819 (Fla. 3rd DCA 1966), cert. den. 200 So. 2d 813 (Fla.1967). Here, the named insureds are Eddie Earl Rhodes and Howard Rhodes and no one else. There is no ambiguity on the face of the policy, nor does Suwannee’s status as a lienholder serve to create any such ambiguity permitting the trial court to reconstruct the policy and conclude that Suwannee is inferentially an intended beneficiary.
Suwannee also argues that it could collect as a third-party beneficiary under the contract. This particular insurance policy, however, does not have any such effect. It is not a liability policy, the classic situation regarding third-party beneficiaries. Compare Maxwell v. Southern American Fire Insurance Co., 235 So. 2d 768 (Fla. 3rd DCA 1970). Suwannee failed to obtain insurance for the owners of the equipment with a “loss payee” clause or a lienholder’s endorsement. Compare Schlehuber v. Norfolk & Dedham Mutual Fire Insurance Co., 281 So. 2d 373 (Fla. 3rd DCA 1973). In short, Suwannee has cited us no cases, and our research reveals none, to the effect that its mere listing as a lienholder on the face of the policy, without more, makes it a third-party beneficiary under that contract. As the policy admits of no clause showing that Suwannee had a secured insurable interest, it can effect no recovery.
Accordingly, for the reasons expressed above, we reverse the ruling of the trial court and remand with directions that Su-wannee’s case be dismissed with prejudice.
ERVIN and SHAW, JJ., concur. . If a logger cannot afford to buy a piece of equipment, Suwannee purchases that equipment and transfers it to the logger, who then makes appropriate payments to Suwannee.
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ST. Paul Guardian Ins. Co. v. The Canterbury Sch. OF Fla., Inc., 548 So. 2d 1159 (Fla. 2d DCA 1989)…tions of the parties. Marriott Corp. v. Travelers Indent. Co., 473 So. 2d 281 (Fla. 1st DCA 1985). See also Excelsior Ins. Co. v. Pomona Park Bar & Package Store, 369 So. 2d 938 (Fla.1979); Southeastern Fidelity Ins. Co. v. Suwannee Lumber Mfg. Co., 411 So. 2d 950 (Fla. 1st DCA 1982); National Chiropractic Ins. Co. v. Parsons, 341 So. 2d 220 (Fla. 3d DCA 1976); United States Fidelity & Guaranty Co. v. Rood Invs., Inc., 410 So. 2d 1373 (Fla. 5th DCA 1982). Application of the ordinary rules of contract construc…
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Marriott Corp. v. The Travelers Indem. Co., 473 So. 2d 281 (Fla. 1st DCA 1985)…t, or otherwise reach results contrary to the intentions of the parties.” Excelsior Insurance Co. v. Pomona Park Bar & Package Store, 369 So. 2d 938, 942 (Fla.1979); see also, Southeastern Fidelity Insurance Co. v. Suwannee Lumber Manufacturing Co., 411 So. 2d 950 (Fla. 1st DCA 1982). Cases relied on by the trial judge and the appellees in support of the “ambiguity” ruling are all far afield factually. There is no ambiguity in the present case. This is not a question of whether a written agreement is long-te…
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travelers Ins. Co. v. C. J. Gayfer's & Co., Inc., 366 So. 2d 1199 (Fla. 1st DCA 1979)
- Kohly v. Royal Indem. Co., 190 So. 2d 819 (Fla. 3d DCA 1966)
- Kohly v. Royal Indem. Co., 200 So. 2d 813 (Fla. 1967)
- Male v. State, 200 So. 2d 813 (Fla. 1967)
- Schlehuber v. Norfolk & Dedham Mut. Fire Ins. Co., 281 So. 2d 373 (Fla. 3d DCA 1973)
- Maxwell v. S. Am. Fire Ins. Co., 235 So. 2d 768 (Fla. 3d DCA 1970)