RANDY THOMAS AND SARAH THOMAS, APPELLANTS,
v.
PRUDENTIAL PROPERTY AND CASUALTY, ETC., ET AL., APPELLEES

Fla. 5th DCA | 1996-05-10
No. 95-1385
PETERSON, C.J., and DAUKSCH, J., concur.
673 So. 2d 141 Florida District Court of Appeal, Fifth District (1996) Caution
Cited by 28 cases

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Synopsis

In this declaratory relief action, the court affirmed that a homeowners insurance exclusion for watercraft with motors exceeding 50 horsepower applied to Randy Thomas's jet ski, barring coverage for an injury arising from towing his brother on an inflatable tube. The court held that the policy language was unambiguous and should be interpreted according to its everyday meaning rather than through strained construction.


Holding

The court held that the exclusionary language referring to motor power of a watercraft is unambiguous and must be enforced. The exclusion applies to Randy's jet ski because it has a 60-horsepower inboard motor, exceeding the 50-horsepower threshold, regardless of the pump horsepower measurement.


Headnotes

[1] An insurance policy exclusion for watercraft with inboard or inboard-outdrive motor power of more than 50 horsepower applies when the motor horsepower, as commonly unders…

[2] Ambiguity in an insurance policy should not be created by straining or imposing an unnatural construction on policy terms.

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Key Quotes

“While it is true that an ambiguity may exist in an insurance policy when the terms of the contract are subject to different interpretations — one of coverage and one of exclusion — our courts should not put strain and unnatural construction on the terms of the policy in order to create uncertainty or ambiguity.”

Establishes the governing principle that courts should not artificially create ambiguity in insurance policies through strained interpretation.

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Facts & Procedural History

Randy Thomas operated a jet ski with a 60-horsepower inboard motor while towing his brother Gary on an inflatable tube. When the tube collided with a …

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Opinion of the Court
ANTOON, Judge.

ANTOON, Judge.

In this action for declaratory relief, we affirm the trial court’s final judgment.

As Randy Thomas operated his jet ski, he towed his brother, Gary, on an inflatable tube. When the tube collided with a boat parked on the beach, Gary was injured. As a result of this accident, Gary and his wife sued Randy for negligence. Randy, in turn, demanded that his homeowners insurance provider, Prudential Property and Casualty Company (Prudential), provide coverage and a defense to Gary’s lawsuit. Prudential responded by filing this declaratory action, asking the trial court to declare that coverage for Gary’s accident was excluded by the following provision in Randy’s homeowners policy:

SECTION II

Exclusions

1. Coverage E — Personal Liability and Coverage F — Medical Payments to Others do not apply to bodily injury or property damage:

f. arising out of:

Watercraft:

(1) with inboard or inboard-outdrive motor power of more than 50 horsepower owned by or rented to an insured.

Prudential asserted that this exclusion applied to Gary’s accident because the motor power on Randy’s jet ski exceeded 50 horsepower. The trial court agreed and entered judgment in favor of Prudential, cogently setting forth its reasons as follows:

[Bjased upon the evidence presented at trial, I conclude that while there are several generally accepted points on the power-train of the watercraft in controversy to measure horsepower, the contract between Prudential and [Randy Thomas] clearly mandates that motor horsepower of the watercraft be measured, and not anything else. Since Prudential’s policy exclusion is clear and unambiguous and does not violate public policy, I find that the exclusion applies in this case to bar coverage and that Prudential has no duty to indemnify [Randy Thomas] as to the alleged acts of negligence arising out of the boating accident.

On appeal, Randy challenges this ruling, arguing that the trial court erred in finding that the exclusionary language of Prudential’s homeowners policy was not ambiguous. In this regard, Randy argues that the exclusion did not apply to Gary’s boating accident, notwithstanding his stipulation that his jet ski had an inboard motor with horsepower of 60, because the horsepower of his jet ski’s pump was only 20.290. At trial, the parties presented testimony concerning the distinction between pump horsepower and motor horsepower. Randy submitted expert testimony that the estimated pump horsepower for the jet ski in question was 20.290. Prudential meanwhile presented an expert who testified that he had “never seen a watercraft describe its horsepower as estimated pump horsepower.” The expert further testified that the NADA listed Randy’s jet ski as having 60 horsepower, and that the ABOS rated it as having horsepower of 57.1.

While it is true that an ambiguity may exist in an insurance policy when the terms of the contract are subject to different interpretations — one of coverage and one of exclusion — our courts should not put strain and unnatural construction on the terms of the policy in order to create uncertainty or ambiguity. Weldon v. All American Life Insurance Company, 605 So. 2d 911 (Fla. 2d DCA 1992); Jefferson Insurance Company of New York v. Sea World of Florida, Inc., 586 So. 2d 95 (Fla. 5th DCA 1991). Instead, insurance contracts must be read in light of the skill and experience of ordinary people, and given their everyday meaning as understood by the “man on the street”. Lindheimer v. St. Paul Fire and Marine Insurance Company, 643 So. 2d 636 (Fla. 3d DCA 1994), rev. denied, 651 So. 2d 1194 (Fla.1995). Applying everyday meaning to the language of the instant policy, and not straining for a contrary interpretation, the exclusionary language referring to motor power of a watercraft is unambiguous and must be enforced. Accordingly, we affirm.

AFFIRMED.

PETERSON, C.J., and DAUKSCH, J., concur.


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Cited By (17 total)

  • Hrynkiw v. Allstate Floridian Ins. Co., 844 So. 2d 739 (Fla. 5th DCA 2003)
    …. Co. v. Maynard, 752 So. 2d 1266 (Fla. 4th DCA 2000); Premier Ins. Co. v. Adams, 632 So. 2d 1054, 1055 (Fla. 5th DCA 1994). .See State Farm Fire & Cas. Co. v. Castillo, 829 So. 2d 242 (Fla. 3d DCA 2002); Maynard; Thomas v. Prudential Prop. & Cas., 673 So. 2d 141 (Fla. 5th DCA 1996); Lindheimer v. St. Paul Fire & Marine Ins. Co., 643 So. 2d 636 (Fla. 3d DCA 1994), review denied, 651 So. 2d 1194 (Fla.1995); see also Prudential Property & Cas. Ins. Co. v. Swindal, 622 So. 2d 467, 471 (Fla.1993) (quoting Gulf L…
  • Keen v. Fla. Sheriffs' Self-Insurance Fund, 962 So. 2d 1021 (Fla. 4th DCA 2007)
    …clude sexual battery or rape. It stated: Insurance contracts must be read in light of the skill and experience of ordinary people, and be given their everyday meaning as understood by the “man on the street”. Thomas v. Prudential Property and Cas., 673 So. 2d 141 (Fla. 5th DCA 1996). Since the everyday meaning of battery does not mean rape, the policy should not be construed to cover it. Further, the policy provides coverage for a list of specific acts that does not include rape. Since the inclusion of one t…
  • Mason v. Fla. Sheriffs' Self-Insurance Fund, 699 So. 2d 268 (Fla. 5th DCA 1997)
    …is commonly meant by the term “battery?” Insurance contracts must be read in light of the skill and experience of ordinary people, and be given their everyday meaning as understood by the “man on the street”. Thomas v. Prudential Property and Cas., 673 So. 2d 141 (Fla. 5th DCA 1996). Since the everyday meaning of battery does not mean rape, the policy should not be construed to cover it. Further, the policy provides coverage for a list of specific acts that does not include rape. Since the inclusion of one t…

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