CITIZENS PROPERTY INSURANCE CORPORATION, AS SUCCESSOR IN INTEREST TO FLORIDA RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION, APPELLANT,
v.
RENEE WISE; AND ROBIN W. LUKER AND JUDITH K. LUKER, ETC., APPELLEES
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Citizens Property Insurance Corporation appeals a summary judgment finding coverage under a homeowner's policy for injury to the Lukers' son on property they leased. The court reverses, holding that a single two-year lease does not constitute "occasional" rental within the meaning of the policy exclusion, which requires rentals occurring "now and then" such as vacation rentals.
A single two-year rental of residential property does not constitute "occasional" rental within the meaning of the insurance policy exclusion. The term "occasional" refers to rentals occurring "now and then," such as vacation rentals, not a one-time, extended lease arrangement.
[1] An insurance policy exclusion for "rental or holding for rental of any part of any premises by an 'insured'" does not apply if the rental is "on an occasional basis if us…
[2] The term "occasional rental" in an insurance policy refers to rentals occurring "now and then," such as vacation rentals, not a continuous two-year lease.
Previewing 2 of 4 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 reasonable, practical and sensible interpretation of the language 'any part of a premises occasionally rented to any insured for other than business purposes' does not refer to the situation where a father co-signs a one year lease for his daughter. Rather it refers to rentals occurring now and then, such as vacation rentals.”
Establishes the controlling definition of 'occasional' in insurance policy rental exclusions from prior precedent in Hess v. Liberty Mutual.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRenee Wise owned property that she leased to Robin and Judith Luker for two years with an option to buy. The Lukers' son was injured on the property. …
The full statement of facts, procedural history, and disposition for this case are member content.
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FLETCHER, Judge.
Citizens Property Insurance Corporation [Citizens] appeals a final summary judgment and attorney’s fee award.
Renee Wise owns property that she leased to Robin and Judith Luker for two years with an option to buy.1 The Lukers’ son was injured on the property and the Lukers filed a negligence claim for damages upon Wise’s homeowner policy issued by Citizens. Citizens filed for declaratory relief, seeking a declaration that Citizens was not obligated to indemnify Wise.
The trial court reviewed the insurance contract, specifically “Section II — Exclusions.” This section provides in pertinent part:
“1. Coverage E — Personal Liability and Coverage F — Medical payments to Others do not apply to ‘bodily injury’ or ‘property damage’:
c. Arising out of the rental or holding for rental of any part of any premises by an ‘insured.’ This exclusion does not apply to the rental or holding for rental of an ‘insured location’: (1)On an occasional basis if used only as a residence;” [e.s.]
The argument in the trial court and here is over the use of “occasional” in the policy; that is, if Wise can be said to have been renting out her residential property occasionally, then there is coverage for the injury to the Lukers’ son.
The record reflects that Wise’s two year rental of the premises to the Lukers is the only time that it was rented out and that it was rented as part of Wise’s effort to sell the property. The trial court concluded that this one rental was occasional thus there was coverage for the injury to the Lukers’ son.
However, the issue as to the meaning of “occasional rental” in an insurance contract was befpre this court in Hess v. Liberty Mut. Ins. Co., 458 So. 2d 71 (Fla. 3d DCA 1984). In Hess this court stated:
“The reasonable, practical and sensible interpretation of the language ‘any part of a premises occasionally rented to any insured for other than business purposes’ does not refer to the situation where a father co-signs a one year lease for his daughter. Rather it refers to rentals occurring now and then, such as vacation rentals.” [e.s.]2
Id. at 72.
We conclude that as Wise did not rent her house “now and then,” there is no coverage for the injury to the Lukers’ son. Accordingly the judgment appealed is reversed, as is the order awarding attorney’s fees.3
. Wise remained on the property, living in a camper. . The interpretation accords with the Oxford English Dictionary's definition of "occasional” as "happening irregularly and infrequently.” The Oxford Encyclopedic English Dictionary, 1004 (3rd ed.1996).
. We find the Lukers' remaining arguments to be without merit.
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Citator
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Nevaeh Love v. Katoshia Young (Fla. 1st DCA 2021)…casionally or periodically, as correctly found by the trial court. The term “occasional” has been interpreted as “happening irregularly and infrequently” when discussing the meaning of the word in another context. Citizen Prop. Ins. Corp. v. Wise, 926 So. 2d 403, 403 n. 2 (citing THE OXFORD ENCYCLOPEDIC ENGLISH DICTIONARY, 1004 (3rd ed. 1996)). WEBSTER’S THIRD NEW INTERNATIONAL UNABRIDGED DICTIONARY (1993) also defines “occasional” as “occurring irregularly” or “infrequent.” Events occurring around six ti…
Authorities Cited
- Hess v. Liberty Mut. Ins. Co., 458 So. 2d 71 (Fla. 3d DCA 1984)