STATE FARM FIRE AND CASUALTY COMPANY, APPELLANT,
v.
JUAN C. GONZALEZ, APPELLEE

Fla. 3d DCA | 1993-09-07
Nos. 92-1661, 93-602
Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.
623 So. 2d 616 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 4 cases

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Synopsis

State Farm appeals a summary judgment award of uninsured motorist benefits to Gonzalez, who was injured by a paint pellet shot from another vehicle during an unprovoked, random incident. The court reversed, holding that intentional shootings unrelated to vehicle operation are not covered under uninsured motorist policies.


Holding

Uninsured motorist benefits are not available for injuries caused by intentional assaults that do not arise out of the operation, maintenance, or use of a motor vehicle. The injury must be a natural result of the automobile's operation, and the vehicle itself must produce the injury, not merely contribute to the cause.


Headnotes

[1] Uninsured motorist benefits are not available to compensate an insured injured by an intentional assault at the scene of an automobile accident.

[2] For uninsured motorist coverage to apply, the injury must be a natural result of the automobile, and the automobile must produce the injury, not merely contribute to it.

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Key Quotes

“uninsured motorist benefits are not available to compensate an insured who was injured by an intentional assault at the scene of an automobile accident”

Establishes the core holding that intentional assaults are excluded from uninsured motorist coverage

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Facts & Procedural History

On October 31, 1988, Gonzalez was driving home when he encountered a parked vehicle. As he pulled parallel to it, the driver shot Gonzalez in the eye …

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Opinion of the Court
BARKDULL, Judge.

BARKDULL, Judge.

State Farm appeals an order granting Gonzalez a summary judgment, and an order awarding attorney’s fees.

On October 31, 1988, as Gonzalez was driving home from work, he noticed a vehicle stopped in the middle of the road facing him. As he pulled parallel to the parked vehicle, the driver of the other car shot Gonzalez with a paint pellet severely injuring Gonzalez’ left eye. At no time prior to the incident were there any verbal communications or altercations.

Gonzalez was insured by State Farm at the time of the incident and the coverage included uninsured motorist benefits. Gonzalez made a claim for those benefits. State Farm denied the action asserting that the injury received by Gonzalez was not the type of loss covered under the policy. Both parties motioned for summary judgment. The court entered a summary judgment in favor of Gonzalez, finding that the uninsured motorist benefits were available to compensate the insured for injuries sustained in an intentional shooting incident. This appeal ensued.

We reverse. According to Race v. Nationwide Mutual Fire Insurance, 542 So. 2d 347 (Fla.1989), uninsured motorist benefits are not available to compensate an insured who was injured by an intentional assault at the scene of an automobile accident; there the court distinguished between situations involving uninsured motorist coverage and those involving personal injury protection coverage. Although a liberal nexus test was used for PIP claims, the Race court declined to use that test and instead relied on a three prong test to determine liability of an uninsured motorist carrier. The carrier is not liable because two prongs of the test were not met: 1) the injury was not a natural result of the automobile; and 2) mere contribution to the cause is not enough. The automobile must produce the injury.

In Taylor v. Phoenix Insurance Co., 622 So. 2d 506 (Fla. 5th DCA 1993), the court utilized the three prong test to determine that uninsured motorist coverage was unavailable to one injured by a bullet emanat-mg from an uninsured motorist vehicle as the incident did not arise out of the use of-the vehicle. It follows that a projectile fired from one vehicle into another causing injury does not involve the motor vehicle unless the movement of the vehicle caused the projectile to go amiss. No coverage is therefore available.

State Farm’s uninsured motorist policy provision provides, in pertinent part, as follows:

“We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.”

Under the policy provision, then, State Farm is liable only if damages result from an injury arising out of the operation, maintenance, or use of an uninsured motor vehicle.

The circumstances surrounding the shooting do not support a determination that the plaintiffs injury was caused by an accident which arose out of the operation, maintenance, or use of the vehicle from which the plaintiff was shot.

Accordingly, the summary judgment finding that uninsured motorist coverage existed for the shooting incident is reversed, as is the order awarding attorney’s fees, with directions to enter summary judgment in favor of the insurance carrier. Reversed with directions.


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Citator

Cited By

  • Niglio v. Omaha Prop. & Cas. Ins. Co., 679 So. 2d 323 (Fla. 4th DCA 1996)
    …verage of the assailant. Florida Farm Bureau, 391 So. 2d at 218. This holding applies with equal force to this case. See Taylor v. Phoenix Ins. Co., 622 So. 2d 506 (Fla. 5th DCA 1993), rev. denied, 634 So. 2d 627 (Fla.1994); State Farm v. Gonzalez, 623 So. 2d 616 (Fla. 3d DCA 1993); Northern Ins. Co. v. Hampton, 510 So. 2d 649 (Fla. 5th DCA), rev. denied, 518 So. 2d 1275 (Fla.1987). Appellants rely heavily on Valdes v. Smalley, 303 So. 2d 342 (Fla. 3d DCA 1974), cert. discharged sub nom., National Ben Frank…
  • Lancer Ins. Co. v. Gomez, 799 So. 2d 334 (Fla. 3d DCA 2001)
    …of the ownership, maintenance, or use of an uninsured motor vehicle); Trott v. Finlayson, 690 So. 2d 718, 719 (Fla. 4th DCA 1997)(UM coverage did not exist where gun, and not automobile, produced injuries); State Farm Fire and Cas. Co. v. Gonzalez, 623 So. 2d 616, 617 (Fla. 3d DCA 1993)(UM policy did not cover injury to insured’s eye when another driver shot the insured with paint pellet); Jones v. State Farm Mut. Auto. Ins. Co., 589 So. 2d 333, 334 (Fla. 5th DCA 1991)(victim’s death was not within policy co…

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