INTERNATIONAL INSURANCE COMPANY, A FOREIGN CORPORATION, AND FRANCESCO GARRITANO, APPELLANTS,
v.
RYDER TRUCK RENTAL, INC., A FLORIDA CORPORATION, AND OLD REPUBLIC INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEES
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International Insurance Company (IIC) and Francesco Garritano appealed a summary judgment holding that IIC's insurance coverage was primary over Ryder's insurer Old Republic's coverage for a vehicle accident. The Florida appellate court affirmed, holding that a properly executed addendum to the lease agreement validly shifted primary coverage responsibility from the lessor's insurer to the lessee's insurer under Florida statute.
The addendum met the statutory requirements of section 627.7263 and validly shifted the burden of providing primary insurance coverage to the lessee's insurer, IIC. Therefore, IIC's coverage is primary and Old Republic's coverage is excess.
[1] Under the dangerous instrumentality doctrine, an automobile owner who is only vicariously liable for injuries caused by another person's operation of the vehicle is entit…
[2] Florida Statute 627.7263 regulates insurance coverage priorities for rental and leased motor vehicles, stating that the lessor's insurance is primary unless otherwise spe…
Previewing 2 of 6 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 insurer of the owner/lessor must provide the first $10,000 worth of coverage unless the owner/lessor has properly shifted the burden of primary insurance to the lessee pursuant to section 627.7263, Florida Statutes (1981).”
Establishes the foundational rule that lessor's insurer is primary unless properly shifted to lessee's insurer
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGarritano leased a vehicle from Ryder Truck Rental and was injured in an accident involving the leased vehicle. IIC insured Garritano; Old Republic in…
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BASKIN, Judge.
International Insurance Company [IIC] and Francesco Garritano appeal the entry of an adverse final summary judgment declaring IIC’s insurance coverage to be primary over that of Ryder Truck Rental, Inc., [Ryder] and its insurer, Old Republic Insurance Company, Inc. [Old Republic]. We affirm.
Francesco Garritano was injured in an accident involving a vehicle he leased from Ryder. IIC insured Garritano; Old Republic insured Ryder. When Garritano leased the vehicle from Ryder, he signed an addendum, written in bold type on a separate piece of paper attached to the front of the lease agreement. The addendeum purported to shift primary responsibility for accident coverage to IIC and to render Ryder’s insurer responsible for excess coverage. Garritano signed both the addendum and the lease agreement. According to their policies, both IIC and Old Republic are excess insurers as to non-owned vehicles. The question before us is whether the addendum changed the priorities and rendered IIC the primary insurer. In Southeastern Fidelity Ins. Co. v. Cole, 493 So. 2d 445, 446 (Fla.1986), the Florida Supreme Court stated: “[t]he insurer of the owner/lessor must provide the first $10,000 worth of coverage unless the owner/lessor has properly shifted the burden of primary insurance to the lessee pursuant to section 627.7263, Florida Statutes (1981).” See Allstate Ins. Co. v. Fowler, 480 So. 2d 1287 (Fla.1985). Section 627.-7263(1), Florida Statutes (1983), provides, in pertinent part:
The valid and collectible liability insurance or personal injury protection insurance providing coverage for the lessor of a motor vehicle for rent or lease shall be primary unless otherwise stated in bold type on the face of the rental or lease agreement. Such insurance shall be primary for the limits of liability and personal injury protection coverage....
The addendum Garritano signed met the statutory requirements1 and shifted the burden of providing primary insurance coverage to the lessee’s insurer, IIC.
The remaining points lack merit.
Affirmed.
. The trial court declared that Ryder went further than required by having Garritano sign the addendum and having his signature witnessed.
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Citator
Cited By
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Allstate Ins. Co. v. RJT Enters., Inc., 692 So. 2d 142 (Fla. 1997)…surance carrier.” See also Southeastern Fidelity Ins. Co. v. Cole, 493 So. 2d 445, 446 (Fla.1986); State Farm Mut. Auto. Ins. Co. v. Lindo’s Rent-A-Car, Inc., 588 So. 2d 36, 37 (Fla. 5th DCA 1991); International Ins. Co. v. Ryder Truck Rental, Inc., 555 So. 2d 1250, 1251 (Fla. 3d DCA 1989), review denied, 564 So. 2d 487 (Fla.1990). We agree with Allstate’s contention that the legislature never intended, through the statutory language of section 627.7263, to allow lessors to shift the duty to defend. It appear…
Authorities Cited
- Allstate Ins. Co. v. Fowler, 480 So. 2d 1287 (Fla. 1985)
- Se. Fid. INS. Co. v. Cole, 493 So. 2d 445 (Fla. 1986)