GENERAL INSURANCE COMPANY OF AMERICA, GARNISHEE, APPELLANT,
v.
J. ERSKINE REID ET AL., APPELLEES
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.
An employee sued an insurer through garnishment to recover a judgment obtained against a coworker for negligent injuries sustained while both were employed by the same company. The insurer denied coverage based on a cross-employee exception clause in its automobile liability policy, and the appellate court reversed the trial court's judgment, holding that the exception clearly excluded coverage for injuries between coworkers of the same employer.
The cross-employee exception clause in the policy clearly excluded coverage, and there was no coverage under the plain terms of the policy. The exception unambiguously provides that insurance does not apply to any employee with respect to injury to another employee of the same employer injured in the course of employment arising out of use of the automobile in the business of the employer.
“the policy in clear, unambiguous language provides an exception to the broad definition of an omnibus insured. This exception states simply that the insurance does not apply to an employee who injures a fellow employee of the same employer in the course of such employment while using the automobile in the business of such employer.”
Establishes the core holding that the cross-employee exception operates as a clear and unambiguous exclusion from coverage
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJ. Erskine Reid Enterprises, Inc. was the named insured under an automobile liability policy issued by General Insurance Company of America. On June 1…
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 Employee Exclusion Clause cases and more on FLexlaw
This case involves a question of coverage under an automobile liability policy. It is our view that the trial court erred in holding that there was coverage under the policy, and we therefore reverse.
Appellant insurer had issued its automobile liability policy in which ‘J. Erskine Reid, individually, and J. Erskine Reid Enterprises, Inc. were the named insureds. Mr. Reid [plaintiff] and Mr. Edgison [defendant] were both employed by J. Erskine Reid Enterprises, Inc. [employer]. On June 11, 1960, Reid was a passenger in a motor vehicle owned by the employer and driven by Edgison, at which time both Reid and Edgison were in the course of their employment for their common employer. Edgison negligently operated the motor vehicle causing serious personal injuries to the plaintiff for which he brought suit *42against Edgison and recovered judgment in the amount of $42,500.00.
Appellee Reid then brought Writ of Garnishment against appellant insurer on the theory that Edgison as operator of the vehicle was an insured under the policy which appellant had issued to the owner, J. Erskine Reid Enterprises, Inc. Appellant’s amended answer to the Writ of Garnishment denied any indebtedness to the defendant, but admitted the existence of the automobile liability insurance policy (a copy being attached to the amended answer), and alleged that the policy excluded cover for defendant Edgison by reason, inter alia,1 of the “cross employee exception” 2 contained therein. Plaintiff traversed the amended answer alleging simply that defendant Edgison was an insured under the policy. On plaintiff’s motion for judgment on the pleadings, the court granted the same and awarded judgment to the plaintiff against the appellant insurer in the amount of the judgment owed by defendant, ruling [inferentially] that defendant was an insured under appellant’s policy.
At the outset, we deem it important to note that there is a clear distinction between the “cross employee exception” and the “employee exclusion” clauses of the policy. The historical development of these two clauses has been ably set forth by text writers3 and learned jurists,4 and we need not dwell on that. Suffice it to say that the clauses are separate and distinct, the cross employee exception having come into being to protect the employee exclusion.5
With this brief prologue, we turn to the strikingly simple and undisputed facts of this case for answer to the question of whether Edgison had coverage as an insured under the policy. Since Edgi-*43son was not a named insured,6 if he is an insured at all, it must be under the' omnibus definition of “any person while using the automobile with permission of the named insured”. Edgison does fit within that broad classification and if the policy said nothing more, there would be no question of his being an insured under the policy. But, the policy in clear, unambiguous language provides an exception to the broad definition of an omnibus insured. This exception states simply that the insurance does not apply to an employee who injures a fellow employee of the same employer in the course of such employment while using the automobile in the business of such employer. All parties in this case came within the literal terms of this exception to the definition of an omnibus insured, as interpolation of names makes so plain:
“ * * * The insurance * * * does not apply:
«* * *
“(2) to any employee [Edgison] with respect to injury to * * * another employee [Reid] of the same employer [J. Erskine Reid Enterprises, Inc.] injured in the course of such employment in an occurrence arising out of the maintenance or use of the automobile in the business of such employer [J. Erskine Reid Enterprises, Inc.].”
As stated by Judge John R. Brown in Stewart v. Liberty Mutual Insurance Company, 5 Cir. 1958, 256 F.2d 444, the cross employee exception to coverage is applied universally to exclude coverage in a situation of this type. With the exception of Wisconsin which has by statute somewhat restricted the effect of the cross employee exception, all other jurisdictions which have had occasion to consider the effect of the cross employee exception have held it to exclude coverage under facts similar to those in this case.7 There is simply no coverage under the plain terms of the policy.
Appellee, seeking to support the judgment under review, contends that this precise question has been previously decided by this court in the case of Shelby Mutual Insurance Co. v. Schuitema, Fla.App.1966, 183 So.2d 571. Schuitema was a landmark case, correctly holding that the severability of interest clause required that the term “the insured” meant only the person claiming coverage or only the person for whom coverage is the issue, and when the same was applied to the employee exclusion clause, such clause was not effective to exclude coverage under the policy unless the person making the claim was the employee of the insured against whom the claim zvas asserted. The Supreme Court of Florida at 193 So.2d 435 expressly approved this court’s holding in Schuitema and there should be no question now but that in this jurisdiction, as concerns the severability of interest clause and its effect on the employee exclusion clause, the law is settled. Appellee asserts that the sev-erability of interest clause will aid his cause. His reliance thereon is misplaced, as it has no relevancy whatever to the cross employee exception.8
Appellee refuses to recognize the distinction between the employee exclusion clause as involved in Schuitema, and the cross employee exception clause which is involved in the instant case. In effect, ap-pellee has suggested that one is simply the nom de plume of the other, and has based his entire case upon the authority of Schuitema and similar decisions from this and other jurisdictions, every one of which *44pertains solely to the employee exclusion.9 These cases simply are not relevant to the cross employee exception involved in the case at bar.
The judgment is reversed and the cause remanded with directions to enter judgment on the pleadings for the garnishee and against the plaintiff.
Reversed and remanded.
CROSS, J., and ANDERSON, ALLEN C., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
-
State Farm Fire & Cas. Co. v. Compupay, Inc., 654 So. 2d 944 (Fla. 3d DCA 1995)…e one in this case, and have barred recovery for injuries inflicted by a fellow employee. Liberty Mut. Ins. Co. v. Jones, 427 So. 2d 1117 (Fla. 3d DCA 1983); McRae v. Snelling, 303 So. 2d 670 (Fla. 4th DCA 1974); General Ins. Co. of America v. Reid, 216 So. 2d 41 (Fla. 4th DCA 1968), cert. denied, 222 So. 2d 752 (Fla.1969). The facts in Ode’s complaint arose out of the course and scope of her employment. Ode’s complaint states that Wank committed the acts “within the scope of his employment while Defendant…
-
Am. & Foreign Ins. Co. v. AVIS Rent-A-Car Sys., Inc., 401 So. 2d 855 (Fla. 1st DCA 1981)…s an exception to the policy definition of the unqualified word “insured”. While frequently called an exclusion (since it has that effect), it is also sometimes called the “cross-employee exception”, see General Insurance Company of America v. Reid, 216 So. 2d 41 (Fla. 4th DCA 1968), to avoid confusing it with the “employee exclusion”, a separate and distinct provision. See McRae v. Snelling, 303 So. 2d 670 (Fla. 4th DCA 1974). . 367 So. 2d 1020 (Fla. 1st DCA 1979). . The named insured, Hulsey, was operati…
-
Allison v. Imperial Cas. & Indem. Co., 222 So. 2d 254 (Fla. 4th DCA 1969)…plaintiff brought a suit against him for injuries arising out of the accident. It is our conclusion that this is the type of situation contemplated by the exclusionary language. See General Insur [*258] ance Company of America v. Reid, Fla.App.1968, 216 So. 2d 41. The appellee cites as authority for its position the case of Aetna Casualty and Insurance Company v. Kellam, 1967, 207 Va. 736, 152 S.E. 2d 287. This case is distinguishable from the present case. It does involve a similar fact situation in that t…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Agric. Chem. Co. v. Tampa Armature Works, Inc., 315 F.2d 856 (5th Cir. 1963)
- Webb v. Am. Fire & Cas. Co., 148 Fla. 714 (Fla. 1941)
- Lumber Mut. Cas. Ins. Co. of N.Y. v. Stukes, 164 F.2d 571 (4th Cir. 1947)
- Shelby Mut. Ins. Co. v. Schuitema, 183 So. 2d 571 (Fla. 4th DCA 1966)
- Shelby Mut. Ins. Co. v. Schuitema, 193 So. 2d 435 (Fla. 1967)
- Etta Irene Stewart v. Liberty Mut. Ins. Co., 256 F.2d 444 (5th Cir. 1958)
- THE Florida BAR v. Cohen, 193 So. 2d 435 (Fla. 1967)
- Bevans v. Liberty Mut. Ins. Co., 356 F.2d 577 (4th Cir. 1966)