HARTFORD LIFE INSURANCE COMPANY OF BOSTON, MASSACHUSETTS (FORMERLY THE COLUMBIAN NATIONAL LIFE INSURANCE COMPANY OF BOSTON, MASSACHUSETTS), APPELLANT,
v.
JAMES M. ALBERT, APPELLEE; CONTINENTAL ASSURANCE COMPANY OF CHICAGO, ILLINOIS, APPELLANT, V. JAMES M. ALBERT, APPELLEE
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Hartford Life Insurance and Continental Assurance appealed the denial of their motions to dismiss declaratory judgment actions brought by an insured claiming total and permanent disability benefits. The court reversed, holding that a declaratory judgment is not appropriate when the insurance policy language is clear and unambiguous and the only dispute is a factual question about whether the plaintiff meets the policy's disability definition.
A declaratory judgment does not lie when the only uncertainty is about the ultimate determination of a factual question (whether the plaintiff was totally and permanently disabled) subsequent to issuance of an insurance policy whose terms are clear and unambiguous. Declaratory judgment is available only when there is doubt as to the meaning or interpretation of a contract, not doubt about factual circumstances affecting coverage.
“It appears that the controversy which gives rise to this appeal does not embrace any question of the construction or validity of a statute, regulation, municipal ordinance, contract, deed, will or other article, memorandum or instrument or any part thereof.”
Establishes the requirement that declaratory judgment actions must involve a question of construction or validity of a contract or similar instrument.
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Defendant insurance companies filed interlocutory appeals (consolidated for appellate purposes) from two orders of a chancellor, which denied their motions to dismiss plaintiff’s complaints for declaratory decree.
Plaintiff’s complaint alleged essentially that he took out policies from the two companies which insured him against total and permanent disability; that he is totally and permanently disabled as defined by the policy, but that the defendants deny this and will not pay him the benefits to which he was entitled; that he is in doubts as to his rights and privileges and therefore prays for a declaratory decree.
The complaint suffers from the same de-ficiences as noted by the Supreme Court in Columbia Casualty Co. v. Zimmerman, Fla. 1952, 62 So.2d 338. In commenting on the requirements for a declaratory decree action the court stated :
* * * * * *
“It appears that the controversy which gives rise to this appeal does not embrace any question of the construction or validity of a statute, regulation, municipal ordinance, contract, deed, will or other article, memorandum or instrument or any part thereof. The thing which the appellant asserts it is seeking to have construed is an insurance policy, the validity or construction of any portion of which is not in question. (Emphasis added)
“The policy provides, in effect, that if the automobile covered by the policy is being driven by someone without the knowledge and consent of the insured, the insurance company is not liable to the insured and is not required to defend under the policy. This provision is plain and unambiguous. (Emphasis added)
“The question of whether or not the automobile was being driven with the knowledge and consent of the insured was a question of fact to be determined as any other question of fact and requires no construction of the insurance policy in order to determine the meaning thereof. (Emphasis added)
* * * * * *
“The complaint in this case shows on its face that there is no doubt as to the meaning of the contract. The only doubt which is shown to exist is whether or not the automobile was being driven with, or without, the knowledge and consent of the insured. This is not a doubt as to the meaning of the contract or as to the proper interpretation of the contract. It is simply a doubt as to what will be the ultimate outcome of a consideration of the facts bearing on the question of whether or not the automobile was being driven with the knowledge and consent of the insured.” (Emphasis added)
Similarily, the only doubt alleged here is a doubt as to the ultimate determination of the fact of whether plaintiff was or was not permanently and totally disabled, subsequent to the defendants’ issuance of an insurance policy, the terms of which were clear and unambiguous.
*581Declaratory judgment does not He for such a situation under the authority of Columbia Casualty, supra.
The order denying the motions to dismiss is reversed and the cause remanded for action consistent herewith.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nivaldo F. Cruz, Jr. v. Union Gen. Ins., 586 So. 2d 91 (Fla. 3d DCA 1991)…hether his medical expenses were “reasonable, related, or necessary.” Section 627.736(7). Questions of fact will not support a declaratory relief action. Columbia Casualty Co. v. Zimmerman, 62 So. 2d 338 (Fla.1952); Hartford Life Ins. Co. v. Albert, 191 So. 2d 579 (Fla. 3d DCA 1966). Cruz’s avenue of redress, therefore, is an action for breach of contract, which remains pending. Cf. Ponders v. Fortune Ins. Co., 578 So. 2d 1129 (Fla. 3d DCA 1991) (declaratory action maintained to determine whether, under secti…
Authorities Cited
- Columbia Cas. Co. v. Zimmerman, 62 So. 2d 338 (Fla. 1952)