FLAMINGO SELF STORAGE, LLC D/B/A MIRAMAR SELF STORAGE, A FLORIDA LIMITED LIABILITY COMPANY, APPELLANT,
v.
THE TRAVELERS INDEMNITY COMPANY, A FOREIGN CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Flamingo Self Storage appeals the dismissal of its declaratory judgment action against Travelers Insurance regarding the insurer's duty to defend a tenant's theft claim. The court reverses, holding that the insurer's duty to defend is determined solely by the complaint allegations and any doubts must be resolved in favor of coverage.
Travelers had a duty to defend because the complaint allegations did not establish that the property was in the care, custody, or control of Flamingo, and any doubt concerning the insurer's duty to defend must be resolved in favor of coverage. The application of the exclusion is a factual question that cannot be determined on a motion for judgment on the pleadings.
[1] An insurer's duty to defend is determined solely by the allegations of the complaint, which must set forth facts bringing the case within the policy's coverage.
[2] Any doubt concerning an insurer's duty to defend must be resolved in favor of coverage.
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“An insurer's duty to defend is determined solely by the allegations of the complaint, which must set forth facts which bring the case within the coverage of the policy.”
Establishes the legal standard for determining an insurer's duty to defend
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFlamingo Self Storage owned a self-storage facility and maintained a commercial general liability insurance policy with Travelers. A tenant, Cut N Lin…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Insurance Policy Exclusion cases and more on FLexlaw
This is an appeal from a final order dismissing with prejudice a complaint for declaratory judgment filed by Flamingo Self Storage, LLC. We reverse.
Flamingo Self Storage, LLC (“Flamingo”) is the owner of a self-storage facility. Flamingo maintained a commercial general liability insurance policy with The Travelers Indemnity Company (“Travelers”). Flamingo was sued by a tenant, Cut N Line, for losses incurred as a result of the theft of the tenant’s trailer which was stored at the self-storage facility.
Pursuant to the insurance policy, Flamingo tendered the defense of the tenant’s suit to Travelers. Travelers denied coverage and asserted that it did not have a duty to defend. Travelers relied on an exclusion from coverage for “property damage to personal property in the care, custody or control of the insured.” Flamingo filed this action seeking, inter alia, a *170declaratory judgment with regard to Travelers’ duty to defend the tenant’s suit against Flamingo.
The trial court entered a judgment on the pleadings finding in favor of Travelers. The court found that the trailer at issue was in the “care” of Flamingo and, based on this finding, concluded that Travelers did not have a duty to defend.
An insurer’s duty to defend is determined solely by the allegations of the complaint, which must set forth facts which bring the case within the coverage of the policy. Estate of Tinervin v. Nationwide Mut. Ins. Co., 23 So.3d 1232, 1238 (Fla. 4th DCA 2009). Any doubt concerning an insurer’s duty to defend must be resolved in favor of coverage. Id.
The complaint filed against Flamingo by Cut N Line alleged facts which brought the case within the coverage provisions of the policy issued by Travelers. There is nothing within the four corners of the complaint which would permit the trial court to conclude that the property was in the “care, custody or control” of Flamingo. Indeed, the lease agreement between Flamingo and Cut N Line, which is attached to the complaint, expressly states that the tenant’s property is not within the care, custody or control of the lessor.
Application of the “care, custody or control” exclusion is a factual question which requires an analysis of whether the property at issue was within the possesso-ry control of the insured. Shankle v. VIP Lounge, Inc., 468 So.2d 548, 549 (Fla. 5th DCA 1985); see also Phoenix of Hartford v. Holloway Corp., 268 So.2d 195, 199 (Fla. 4th DCA 1972). As such an analysis cannot be made on a motion for judgment on the pleadings; the order dismissing the complaint must be reversed.
Reversed and remanded for further proceedings consistent with this opinion.
HAZOURI and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shelithea Hallums v. Infinity Ins. Co., 945 F.3d 1144 (11th Cir. 2019)…V, Doc. 77-1 at pp.10–20 (collecting lessor vicarious liability actions). Even if this were a close case, "[a]ny doubt concerning an insurer's duty to defend must be resolved in favor of coverage.” Flamingo Self Storage, LLC v. Travelers Indem. Co., 43 So. 3d 168, 170 (Fla. 4th DCA 2010); see Beaver, 466 F.3d at 1292. Case: 18-12138 Date Filed: 12/17/2019 Page: 12 of 12 IV. Because the Endorsement imposes on Infinity a duty to defend lessors from claims of vicarious liability, the Endorsement is not illusor…
Authorities Cited
- Phoenix OF Hartford v. Holloway Corp., 268 So. 2d 195 (Fla. 4th DCA 1972)
- The Est. OF Steven Adam Tinervin v. Gonzales, M.D., P.A., 23 So. 3d 1232 (Fla. 4th DCA 2009)
- Shankle v. VIP Lounge, Inc., 468 So. 2d 548 (Fla. 5th DCA 1985)