NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, PETITIONER,
v.
KEVIN PHILLIPS, ET AL., RESPONDENTS
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Florida Supreme Court held that an insured spouse cannot recover uninsured motorist benefits under a policy that explicitly excludes motor vehicles owned by the insured spouse and not specifically covered by the policy.
An insured cannot claim uninsured motorist benefits under a spouse's insurance policy when that policy explicitly excludes motor vehicles owned by the insured and not specifically covered.
[1] An insured is not entitled to uninsured motorist coverage under a spouse's insurance policy when the policy explicitly excludes motor vehicles owned by the insured unless…
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Join FLexlaw to unlock all legal intelligenceKevin Phillips was injured while operating a motorcycle that he owned. His wife held an insurance policy that excluded from coverage any motor vehicle…
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OVERTON, Justice.
We have for review Nationwide Mutual Fire Insurance Co. v. Phillips, 609 So. 2d 1385 (Fla. 5th DCA 1992), in which the district court held that Kevin Phillips, who was injured while operating a motorcycle owned by him, was an insured and entitled to uninsured motorist benefits under a policy of insurance issued to his wife, even though that policy excluded from coverage any motor vehicle owned by him that was not specifically covered by the wife’s policy. We find conflict with this Court’s decision in Valiant Insurance Co. v. Webster, 567 So. 2d 408 (Fla.1990), and the Second District Court of Appeal’s decision in Bolin v. Massachusetts Bay Insurance Co., 518 So. 2d 393 (Fla. 2d DCA 1987).1 We expressly disapprove the district court’s decision in the instant case for the reasons expressed in our decision in World Wide Underwriters Insurance Co. v. Welker, 640 So. 2d 46 (Fla.1994). Accordingly, we quash the decision of the district court with directions that this case be remanded to the trial court for entry of judgment for the petitioner. It is so ordered.
McDonald, shaw, grimes, kogan and HARDING, JJ., concur. BARKETT, C.J., concurs specially with an opinion.
. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
BARKETT, Chief Justice,
concurring specially.
I would have approved the decision of the district court for the reasons discussed in my dissent in World Wide Underwriters Insurance Co. v. Welker, 640 So. 2d 46 (Fla.1994). In light of this court’s decision in Welker, I concur with the majority.
Cases With Similar Vibessemantic neighbors from the corpus
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Gov't Emps. Ins. Co. v. Douglas, 654 So. 2d 118 (Fla. 1995)…Phillips, 609 So. 2d 1385 (Fla. 5th DCA 1992), and Carbonell v. Automobile Insurance Co. of Hartford, 562 So. 2d 437 (Fla. 3d DCA 1990). We, thereafter, quashed the Fifth District’s decision in Nationwide, Nationwide Mut. Fire Ins. Co. v. Phillips, 640 So. 2d 53 (Fla.1994), based on our decision in World Wide Undenvriters Insurance Co. v. Welker, 640 So. 2d 46 (Fla.1994), issued on the same date. We now recede from our decision quashing Natiomvide because that decision failed to give effect to section 627.7…
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Mangual v. State Farm Mut. Auto. Ins., 719 So. 2d 981 (Fla. 5th DCA 1998)…result only. . Government Employees Ins. Co. v. Douglas, 654 So. 2d 118 (Fla.1995); World Wide Underwriters Ins. Co. v. Welker, 640 So. 2d 46 (Fla.1994); Nationwide Mutual Fire Ins. Co. v. Phillips, 609 So. 2d 1385 (Fla. 5th DCA 1992), rev. denied, 640 So. 2d 53 (Fla.1994).…
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Martin v. ST. Paul Fire & Marine Ins. Co., 670 So. 2d 997 (Fla. 2d DCA 1996)…in v. Massachusetts Bay Ins. Co., 518 So. 2d 393 (Fla. 2d DCA 1987). Initially, the supreme court accepted the reasoning of these cases. World Wide Underwriters Ins. Co. v. Welker, 640 So. 2d 46 (Fla.1994); Nationwide Mut. Fire Ins. Co. v. Phillips, 640 So. 2d 53 (Fla.1994). Recently, the supreme court receded from Welker and Phillips, but suggested in dicta that an insurance policy may validly limit uninsured motorist coverage if the “liability coverage is inapplicable to a particular individual.” Governmen…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- World Wide Underwriters Ins. Co. v. Welker, 640 So. 2d 46 (Fla. 1994)
- Leonardi v. State, 567 So. 2d 408 (Fla. 1990)
- Valiant Ins. Co. v. Webster, 567 So. 2d 408 (Fla. 1990)
- Nationwide Mut. Fire Ins. Co. v. Phillips, 609 So. 2d 1385 (Fla. 5th DCA 1992)
- Progressive Am. Ins. Co. v. Rimek, 609 So. 2d 1385 (Fla. 5th DCA 1992)
- Alan Page, Joseph A. Vassallo, Joseph A. Vassallo, P.A. v. Valentine, 518 So. 2d 393 (Fla. 4th DCA 1987)