DAVID HESS AND DONNA HESS, APPELLANTS,
v.
LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES
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David and Donna Hess appealed a summary judgment dismissing their third-party claim against Liberty Mutual Insurance Company for coverage of damages caused by a fire in Donna's apartment. The court affirmed, holding that Liberty Mutual's homeowner's policy did not cover Donna's apartment because it did not qualify as an "occasionally rented" insured location under the policy definition.
The court held that definition 4(h) was not ambiguous. The phrase "occasionally rented" referred to rentals occurring now and then, such as vacation rentals, not to a situation where a father co-signs a one-year lease for his daughter's residence. Therefore, Donna's apartment did not qualify as an insured location under the policy, and summary judgment was properly granted.
[1] An insurance policy's language must be accorded its natural meaning when it is clear and unambiguous.
[2] Ambiguities in an insurance policy are resolved against the insurer only when a genuine inconsistency, uncertainty, or ambiguity exists after applying ordinary rules of c…
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Join FLexlaw to unlock all legal intelligence“When the language of an insurance policy is clear and unambiguous it must be accorded its natural meaning. An insurance policy should receive a reasonable, practical and sensible interpretation. Although ambiguities should be resolved against the insurer, this principle applies only when there exists a genuine inconsistency, uncertainty or ambiguity in meaning after resort to the ordinary rules of construction.”
Establishes the governing standard for interpreting insurance policy language and the limited circumstances under which ambiguities are construed against the insurer.
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Join FLexlaw to unlock all legal intelligenceDavid Hess and his wife held a homeowner's insurance policy with Liberty Mutual covering their apartment. Their daughter Donna leased a separate apart…
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HENDRY, Judge.
This appeal questions the correctness of a summary judgment rendered in favor of Liberty Mutual Insurance Company on appellants’ third party complaint.
The facts giving rise to this appeal are as follows. David Hess and his wife Sydelle lived in apartment 409-A of the Summer-winds Apartments. They procured a homeowner’s policy on their residence from Liberty Mutual Insurance Company. The Hess’s daughter, Donna, occupied apartment 301-A in the same building under a lease signed by her and her father. Soon after she took possession under the lease, a fire originated in her apartment and caused extensive damage. The fire was caused by the alleged negligence of Donna.
Northbrook Property and Casualty Insurance Company paid $61,514.72 to its insured, the owners of the apartment building. Northbrook was then subrogated to any claim of its insured for this property damage. Thereafter, Northbrook filed suit against Donna and David Hess. The company alleged that the fire was caused by the negligence of Donna and that she and her father were liable for the damages under an indemnification clause in the lease. Donna and David filed a third party complaint against Liberty Mutual upon the homeowner’s policy which David had with the company. The complaint demanded a judgment against Liberty Mutual for all damages for which appellants would be liable to Northbrook.
Liberty Mutual moved for a summary judgment on the grounds that its coverage applied only to the named insured and specified insured locations and that Donna’s apartment was not such an insured location. The trial court granted this motion for summary judgment and entered final judgment in favor of Liberty Mutual and against David and Donna Hess. It is from this judgment that the Hesses have appealed.
Appellants’ sole point on appeal is whether the trial court erred in granting the third party defendant’s motion for summary judgment. They argue that there is a question of whether they are covered under definition 4: “insured location means ... (h) any part of a premises occasionally rented to any insured for other than business purposes”, precluding summary judgment. They note that the term “occasionally rented” is not defined in the policy and they argue that the term is ambiguous. We disagree.
In Saha v. Aetna Casualty & Surety Co., 427 So. 2d 316 (Fla. 5th DCA 1983), the court stated:
When the language of an insurance policy is clear and unambiguous it must be accorded its natural meaning. An insurance policy should receive a reasonable, practical and sensible interpretation. Although ambiguities should be resolved against the insurer, this principle applies only when there exists a genuine inconsistency, uncertainty or ambiguity in meaning after resort to the ordinary rules of construction.
Id. at 317 (citations omitted). Accord Southeastern Fire Insurance Co. v. Lehrman, 443 So. 2d 408 (Fla. 4th DCA 1984). Insurance contracts are complex instruments. The fact that analysis is required for one fully to comprehend them does not mean the contracts are ambiguous. State Farm Fire & Casualty Co. v. Oliveras, 441 So. 2d 175, 178 (Fla. 4th DCA 1983). We find that definition 4(h) is not ambiguous. The reasonable, practical and sensible interpretation of the language “any part of a premises occasionally rented to any insured for other than business purposes” does not refer to the situation where a father co-signs a one year lease for his daughter. Rather it refers to rentals occurring now and then, such as vacation rentals. Accordingly, the entry of final summary judgment for the appellee is affirmed.
Affirmed.
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State Farm Fire & Cas. Co. v. Metro. Dade Cnty. & Leonard Elias, 639 So. 2d 63 (Fla. 3d DCA 1994)…Bd. of Suwannee County, 414 So. 2d 581 (Fla. 1st DCA 1982). “The fact that an insurance policy requires analysis to comprehend its scope does not mean it is ambiguous.” . Farrey’s Wholesale Hardware, 507 So. 2d at 645; Hess v. Liberty Mut. Ins. Co., 458 So. 2d 71 (Fla. 3d DCA 1984). In the absence of any ambiguity, the trial court was not at liberty to interpret the language in the policies. A court should not extend the coverage afforded by insurance “beyond that plainly set forth in the insurance contract.…
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State Farm Fire & Cas. Co. v. Ines de Londono, 511 So. 2d 604 (Fla. 3d DCA 1987)…one-year rental of the subject property qualified as “property regularly rented or held for rental to others.” The fact that an insurance policy requires analysis to comprehend its scope does not mean it is ambiguous. Hess v. Liberty Mut. Ins. Co., 458 So. 2d 71 (Fla. 3d DCA 1984). There was no reason for the question of coverage to be presented to the jury. In the absence of ambiguity, the question was one of law for the trial court’s resolution. See Central Cold Storage, Inc. v. Lexington Ins. Co., 452 So…
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Am. Motorists Ins. Co. v. Farrey's Wholesale Hardware Co., Inc., 507 So. 2d 642 (Fla. 3d DCA 1987)…256 So. 2d 1 (Fla.1971); Morrison Assurance Co., Inc. v. City of Opa-Locka, 389 So. 2d 1079 (Fla. 3d DCA 1980). The fact that an insurance policy requires analysis to comprehend its scope does not mean it is ambiguous. Hess v. Liberty Mut. Ins. Co., 458 So. 2d 71 (Fla. 3d DCA 1984). The language in the policy here which limits American’s liability to the last reported value “filed prior to the loss” controls the liability of American. Farrey’s recovery under the policy is restricted to the appropriate propo…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Se. Fire Ins. Co. v. Lehrman, 443 So. 2d 408 (Fla. 4th DCA 1984)
- State Farm Fire & Cas. Co. v. Oliveras, 441 So. 2d 175 (Fla. 4th DCA 1983)
- Asis Saha and Barbara A. Saha v. The AETNA Cas. & Sur. Co., 427 So. 2d 316 (Fla. 5th DCA 1983)