MICHAEL GABBARD, APPELLANT,
v.
ALLSTATE PROPERTY AND CASUALTY, ETC., ET AL., APPELLEE

Fla. 5th DCA | 2010-10-22
No. 5D09-3713
MONACO, C.J., TORPY and JACOBUS, JJ., concur.
46 So. 3d 147 Florida District Court of Appeal, Fifth District (2010)

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.

Synopsis

Gabbard appealed a summary judgment denying coverage under a personal automobile insurance policy for injuries arising from an accident involving a vehicle that was regularly used by the insured but listed only on a separate commercial policy. The court affirmed the denial, holding that the policy unambiguously excluded coverage for non-owned vehicles available for regular use by the insured.


Holding

The court held that the policy unambiguously excluded coverage for the F-350 as a non-owned automobile because it was available or furnished for the regular use of the insured. The phrase 'auto we insure' is synonymous with 'insured auto,' and the policy's definition of insured auto expressly excludes non-owned vehicles available for regular use.


Headnotes

[1] An automobile liability policy unambiguously excludes coverage for a "non-owned" automobile when it is "available or furnished for the regular use of [the] insured."

[2] The phrase "auto we insure" in an automobile liability policy is synonymous with the defined term "insured auto."

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

Key Quotes

“We think "auto we insure" is synonymous with "insured auto." This is the only reasonable construction of the contract, giving effect to each provision in the contract, as we must.”

Establishes the court's interpretation that the two phrases in the policy are synonymous, rejecting the appellant's argument that variation in language indicated different meanings.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Allstate issued a commercial automobile policy to T & T Nursery covering a 1997 Ford F-350 pickup truck and a personal automobile policy to Thomas DeG…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

We review the propriety of a summary judgment concluding that there existed no coverage under an automobile liability policy for injuries to Appellant arising from the negligent operation of a “non-owned” automobile by the named insured. We hold that the trial court correctly determined that the policy unambiguously excluded coverage for the “non-owned” automobile because it was “available or furnished for the regular use of [the] insured.”

Appellee issued a commercial automobile insurance policy to T & T Nursery and a personal automobile insurance policy to Thomas DeGeorge, a co-owner of the nursery. The commercial policy covered a 1997 Ford F-350 pickup truck owned by the nursery. DeGeorge enjoyed regular use of the F-350 for business and personal purposes. He was operating the F-350 when it was involved in a collision with Appellant. Appellee’s liability under the commercial policy is not at issue. The only issue is coverage under DeGeorge’s personal policy because the F-350 was only listed as a covered automobile on the T & T Nursery commercial policy, not the personal policy. Appellee contends that, as to DeGeorge’s personal policy, the F-350 was a “non-owned” vehicle, which was not covered because it was “available or furnished for the regular use of [the] insured” and expressly excepted from coverage. Appellant argues that coverage is *148available because of an ambiguity in the policy.

The pertinent policy language provides liability coverage when an “insured person” causes damages while operating an “auto we insure.” Appellee concedes that DeGeorge was an “insured person,” so the dispute turns on the definition of the phrase “auto we insure.” That phrase is not specifically defined in the policy, but the policy does define the phrase “insured auto.” By definition, “insured auto” includes “non-owned” automobiles, but not if they are “available or furnished for the regular use of [the] insured.” Appellee contends that the definition of “insured auto” is applicable, notwithstanding the slight variation between the phrases, because the phrases are synonymous. Appellant maintains that the variation in the phrases suggests that “auto we insure” was intended to mean something other than “insured auto,” as defined. We agree with Appellee. We think “auto we insure” is synonymous with “insured auto.” This is the only reasonable construction of the contract, giving effect to each provision in the contract, as we must. See State Farm Mut. Auto. Ins. Co. v. Mashburn, 15 So.3d 701, 704 (Fla. 1st DCA 2009) (insurance policy should be construed in “reasonable, practical, sensible, and just” manner, giving effect to each contractual provision). We have considered and specifically reject Appellant’s contention that the definition of “insured person” leads to an alternative construction of the phrase “auto we insure.” The policy definition of “insured person” is just that, a definition of “insured person,” not “auto we insure.” Although it defines “insured person” differently under two alternative scenarios— when an insured auto is owned and when it is non-owned — nothing in that definition creates an ambiguity in the phrase “auto we insure.”

Even if we were to determine that an ambiguity exists and did not apply the stated definition of “insured auto,” we would still be required to give some meaning to the phrase “auto we insure.” The plain and ordinary meaning of this phrase would certainly not include a non-covered automobile. Thus, no coverage is afforded under either potential construction. See Weldon v. All Am. Life Ins. Co., 605 So.2d 911, 915 (Fla. 2d DCA 1992) (insured gets benefit of ambiguity if alternative construction leads to coverage).

AFFIRMED.

MONACO, C.J., TORPY and JACOBUS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw