EVELYN PASTORI AND ROSA PASTORI, APPELLANTS,
v.
COMMERCIAL UNION INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1985-07-30
No. 84-2370
Before SCHWARTZ, C.J., and HUB-BART and DANIEL S. PEARSON, JJ.
473 So. 2d 40 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 16 cases
Topics
Insurance Policy Interpretation Declaratory Judgment

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The plaintiffs were involved in a collision with a vehicle which would have undoubtedly qualified as a “temporary substitute automobile” under the defendant Si-gler’s liability policy if, as most other policies probably do, it provided that coverage. See National Indemnity Co. v. Ryder Truck Rental, Inc., 472 So. 2d 856 (Fla. 3d DCA 1985). Sigler’s Commercial Union policy, however, did not. Because, in the absence of a statutory requirement for the inclusion of such a clause, the courts have no power simply to create coverage out of the whole cloth when none exists on the face of an insurance contract, e.g., Travelers Ins. Co. v. C.J. Gayfer’s and Co., Inc., 366 So. 2d 1199 (Fla. 1st DCA 1979); see generally Haenal v. United States Fidelity and Guaranty Co., 88 So. 2d 888 (Fla.1956), the trial court correctly entered declaratory judgment that the Commercial Union policy did not apply.

Affirmed.

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Citator

Cited By

  • Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002)
    …& Life Assurance Corp. v. Liberty Mut. Ins. Co., 260 So. 2d at 253. As no coverage for diminished value exists under this contract of insurance, this Court certainly cannot create coverage “out of whole cloth.” Pastori v. Commercial Union Ins. Co., 473 So. 2d 40, 41 (Fla. 3d DCA 1985); see also Duncan Auto Realty, Ltd. v. Allstate Ins. Co., 754 So. 2d 863, 864-65 (Fla. 3d DCA 2000). In contract interpretation cases, the issue to be addressed is not what this Court or the petitioner would prefer that the pol…
  • Marvin M. Shuster, M.D. v. S. Broward Hosp. Dist. Physicians' Prof'l Liab. Ins. Tr., 570 So. 2d 1362 (Fla. 4th DCA 1990)
    …other way than to give the exclusive right to settle “as it deems expedient.” From the definition heretofore cited, to adopt appellants’ view we would have to rewrite the policy, something courts cannot do. See Pastori v. Commercial Union Ins. Co., 473 So. 2d 40 (Fla. 3d DCA 1985); Gulf Ins. Corp. v. Continental Cas. Co., 464 So. 2d 207 (Fla. 3d DCA 1985). [*1369] For all the foregoing reasons we affirm the final judgment of dismissal. However, we certify the following question to the Supreme Court as one o…
  • Universal Underwriters Ins. Co. v. Fallaro, 597 So. 2d 818 (Fla. 3d DCA 1992)
    …So. 2d 665 (Fla.1973); Brown v. Gulf Life Insurance Company, 343 So. 2d 91 (Fla. 3d DCA 1977). Courts have no power to create insurance coverage where none exists on the face of the insurance contract. Pastori v. Commercial Union Insurance Company, 473 So. 2d 40 (Fla. 3d DCA 1985); See also American Casualty Company of Reading, P.A. v. Fernandez, 490 So. 2d 1340 (Fla. 3d DCA 1986). Accordingly, we reverse. Reversed.…

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