WILLIAM ROY CHARLES, A MINOR, BY HIS FATHER AND NEXT FRIEND, JAMES R. CHARLES, APPELLANT,
v.
AMERICAN PROGRESSIVE HEALTH INSURANCE COMPANY OF NEW YORK, A FOREIGN CORPORATION, APPELLEE
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This case concerns the interpretation of a student insurance policy. The appellate court affirmed a summary judgment for the insurer, finding the policy did not cover an accident that occurred while the insured student was riding his motor scooter to a softball game.
No, the insurance policy did not cover the accident. The court found that the student's travel to the game on his motor scooter did not fall within the policy's coverage for athletic participation or group transportation to school activities.
“The pertinent provisions are: "(H) While engaged in practicing for or participating in any athletic contest excluding high school football, provided such practice or participation is under the supervision and direction of duly delegated school authorities. "(I) While participating as a member of a covered athletic team, debating [*460] team, glee club or band, riding as a group to or from a regular scheduled school activity in a vehicle selected by and operated under the supervision of duly delegated school authorities."”
These are the key policy provisions at issue in the case.
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Join FLexlaw to unlock all legal intelligenceThe minor son of the appellant was involved in an accident while riding his motor scooter to a softball game. The coach had permitted the boys to use …
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The appellant seeks reversal of a summary judgment entered in favor of the defendant in an action on a student insurance policy issued to the appellant’s minor son.
The appellant’s son, a member of a school varsity softball team, was involved in an accident while operating his motor scooter en route to the site of a softball game in which he was scheduled to participate. Due to insufficient automobile transportation, the coach of the softball team permitted several boys, including appellant’s son, to take their motor scooters to the game.
The point in issue here is whether the trial judge correctly interpreted the provisions of the insurance contract. The pertinent provisions are:
“(H) While engaged in practicing for or participating in any athletic contest excluding high school football, provided such practice or participation is under the supervision and direction of duly delegated school authorities.
“(I) While participating as a member of a covered athletic team, debating *460team, glee club or band, riding as a group to or from a regular scheduled school activity in a vehicle selected by and operated under the supervision of duly delegated school authorities.”
We have reviewed the record, considered the briefs, and heard oral argument and conclude that the order appealed is without error and should be affirmed.
Affirmed.
PEARSON and CARROLL, CHAS., JJ., concur.
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Cont'l Cas. Co. v. Borthwick, 177 So. 2d 687 (Fla. 1st DCA 1965)…o determine as to whether the defendant-insurer is liable under its policy of school insurance. The strongest case cited by the appellant in support of its position on this appeal is Charles v. American Progressive Health Insurance Co. of New York, 127 So. 2d 459 (Fla.App.1961). In that case Charles, the insured under a policy of school insurance, was involved in an accident while operating his motor scooter to the site of a school softball game in which he was scheduled to participate. Due to insufficient a…