GLADYS QUICK, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF THOMAS F. AHEARN, A MINOR, APPELLANTS,
v.
NATIONAL INDEMNITY COMPANY, 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.
The Fourth District Court of Appeal reversed a summary judgment denying coverage under an uninsured motorist insurance policy, holding that conflicting language between the application and policy must be resolved in favor of the policyholder and that insurance contracts must be strictly construed against the insurer.
The court held that the policy affords protection against uninsured motorist coverage. When there is a conflict between the application and the policy, the terms of the policy govern, and since the company voided the waiver endorsement, the policy must be construed as providing uninsured motorist coverage. The judgment is reversed with directions to enter summary judgment in favor of the plaintiff.
[1] Insurance contracts are liberally construed in favor of the policyholder and strictly construed against the insurer.
[2] In the event of a conflict between an insurance policy's application and the policy itself, the terms of the policy govern.
Previewing 2 of 5 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“It has been almost a unanimous holding of all courts that insurance contracts must be liberally construed in favor of the policyholder or beneficiary thereof whenever possible and strictly construed against the insurer in order to afford the protection which the insured was endeavoring to secure when he applied for the insurance.”
Establishes the fundamental canon of insurance contract interpretation requiring liberal construction in favor of the insured and strict construction against the insurer.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn August 1965, minor Thomas F. Ahearn, Jr. was in an automobile collision with an uninsured motorist. The Quicks held a combination automobile liabil…
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 Waiver Of Coverage cases and more on FLexlaw
Appellant-plaintiff, Gladys Quick, individually and as natural guardian and next friend of Thomas F. Ahearn, Jr., a minor, appeals a summary final judgment entered in favor of the appellee-defendant, National Indemnity Company, in an action on an insurance policy to recover damages as a result of a collision with an uninsured motorist. We reverse.
On August 26, 1965, the minor plaintiff, Thomas F. Ahearn, Jr., was involved in an automobile accident with an uninsured motorist. At the time of the accident there was in full force and effect a certain combination automobile liability policy issued by the company to Ralph A. Quick, Jr., the named insured, who was the husband of the plaintiff, Gladys Quick. Notice was given to the company of a claim under the policy.
The company notified the plaintiffs that the policy did not provide uninsured motorist coverage, and as a consequence de-*24dined to make any payment on account of any claims.
Plaintiffs then brought suit against the defendant, alleging that the plaintiffs were entitled to recover damages as the result of the collision with an uninsured motorist and attached as an exhibit to their complaint the insurance policy under which the claim was sought. The policy contained the following endorsement:
Defendant answered the complaint alleging in essence that there was no uninsured motorist coverage. Pretrial discovery procedures elicited the following facts surrounding whether uninsured motorist coverage was desired or obtained.
In June of 1964 plaintiff went to one Mr. Oyer, an insurance agent, to purchase an insurance policy to cover her son who was buying a motorcycle. The company required the execution of an application form, which contained among others the question, “Is uninsured motorist and solvency insurance wanted ?” Typed in as answer to question is “No.” This application was signed by Mrs. Quick in her husband’s name. On deposition Mrs. Quick stated that she advised the agent that she wanted the same coverage for the motorcycle as they had on their own automobile. Testimony was adduced to the extent that the Quicks had uninsured motorist coverage on all of their automobile insurance policies which Mr. Oyer had previously written for them. The policy which issued based upon the application had the term from June 1964 to June 1965, at which time the Quicks permitted the policy to expire since their son was away at school. When their son returned home, they wished again to obtain insurance coverage. At this time the plaintiff, Gladys Quick, signed her own name as applicant to another application identical in form to the first. The accident in this case occurred in August 1965, during the time in which the second policy was in force and effect.
In contrast to the plaintiff’s deposition, the deposition of the agent reveals that when the first insurance policy was issued the plaintiffs were advised about the availability of uninsured motorist coverage. However, it is asserted that at that time they stated that they did not desire to have it. As to the time when the second policy was issued in 1965, the agent’s recol*25lection was vague but he thought that one of the employees in his office had typed up the application and that he had only spoken briefly to Mrs. Quick. It was the agent’s recollection that Mrs. Quick stated that she wanted the same insurance coverage on the motorcycle which she had previously taken, but he did not remember any of the details as to what had occurred. The insurance agent also testified that it was possible that Mrs. Quick had signed the application in blank, it having been later typed up. The agent’s deposition revealed that the Quicks had uninsured motorist coverage on all of their automobile insurance policies which he had written for them. The agent had no explanation as to why the endorsement setting out the waiver of uninsured motorist coverage was stamped “This clause only void.” He testified that it was stamped by the company when they prepared the policy, and the endorsement form attached to it.
Discovery procedures having been completed, both parties moved for summary judgment. The trial court determined there was no genuine issue as to any material fact and entered summary judgment in favor of the defendant, National Indemnity Company. This appeal followed.
It has been almost a unanimous holding of all courts that insurance contracts must be liberally construed in favor of the policyholder or beneficiary thereof whenever possible and strictly construed against the insurer in order to afford the protection which the insured was endeavoring to secure when he applied for the insurance. Inter-ocean Casualty Co. v. Hunt, 1939, 138 Fla. 167, 189 So. 240. The basis of this reasoning is that the language of insurance policies is selected by one of the parties only, and the language employed by that party should be construed against it. Martin v. Sun Ins. Office of London, 1922, 83 Fla. 325, 91 So. 363; Poole v. Travelers Insurance Co., 1938, 130 Fla. 806, 179 So. 138. Thus if the meaning of the words employed is doubtful or uncertain, or if for any reason an ambiguity exists in the policy as a whole or in the portions thereof, the insured should have the benefit of a favorable construction. Peerless Insurance Co. v. Sun Line Helicopters, Inc., Fla.App.1965, 180 So.2d 364; Griffin v. Speidel, Fla. 1965, 179 So.2d 569; Oren v. General Accident Fire & Life Assur. Corp., Fla.App.1965, 175 So.2d 581.
These rules of construction apply equally as well to automobile liability or indemnity insurance. The provisions of an automobile liability insurance policy are construed favorably to the insured and against the insurer. Preferred Acc. Ins. Co. of New York v. Onali, D.Minn.1942, 43 F.Supp. 227 (aff’d 8 Cir.1942, 125 F.2d 580); Boulter v. Commercial Standard Ins. Co., 9 Cir.1940, 175 F.2d 763.
In construing insurance contracts, the application becomes a part of the agreement between the parties and the policy and the application taken together constitute the contract of insurance. 13 Apple-man, Ins.Law & Practice § 7582 (1965). This general rule is in conformity with F.S. 627.0118, F.S.A., which reads as follows :
“F.S. 627.0118. Construction of policies. Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any application therefor, any rider or endorsement thereto.” (Emphasis added.)
However, the courts adhere to the proposition that in the event of conflict between the provisions of the application *26and the policy, the terms of the policy govern. Horning v. Lindsay, 1948, 83 U.S. App.D.C. 363, 169 F.2d 963; Gurley v. Life & Casualty Insurance Company of Tenn., D.N.C.19SS, 132 F.Supp. 289 (aff’d 4 Cir.1956, 229 F.2d 326).
The application in the instant case contains the question “Is uninsured motorist and solvency insurance wanted?” The typed-in answer is “No.” Attached to the policy and a part thereof is an endorsement, “Waiver of family protection or protection against uninsured motorist coverage.” That entire endorsement had stamped over it in large letters “This Clause Only Void.” It can readily he seen that a conflict does arise between the provisions of the application and the policy. There being a conflict in the application and the policy, the policy must govern. The only logical construction of the policy, since the company sought to void the waiver is that there is no waiver of uninsured motorist coverage, i. e., the policy affords protection against uninsured motorist coverage. Such would in our opinion be the meaning which would be attached by an ordinary person of average understanding purchasing the policy in question, bearing in mind that we construe the policy in question to effectuate the purpose of indemnification against loss rather than to defeat it. New England Mutual Life Insurance Co. v. Huckins, 1937,127 Fla. 540,173 So. 696.
Accordingly, the summary final judgment entered in favor of the company on non-coverage of insurance as to uninsured motorists is reversed and the cause is remanded with directions to enter a summary judgment as to coverage in favor of the plaintiff.
Reversed and remanded with directions.
REED, J., and METZGER, JOSEPH, P., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stuyvesant Ins. Co. v. Alphonso Butler, 314 So. 2d 567 (Fla. 1975)…Pennsylvania Nat. Mut. Casualty Insurance Co. v. Ritz, 284 So. 2d 474 (Fla.App.1973); Skinner v. Continental Casualty Co., 268 So. 2d 576 (Fla.App. 1972); Eagle Star Insurance v. Ross, 247 So. 2d 514 (Fla.App.1971); Quick v. National Indemnity Co., 231 So. 2d 22 (Fla.App.1970); Peerless Insurance Co. v. Sun Line Helicopters, Inc., 180 So. 2d 364 (Fla.App.1965). In view of the nature of the policy and the ambiguous use of the term “minor” in the policy, we agree with the District Court that we should look t…
-
Mathews v. Ranger Ins. Co., 281 So. 2d 345 (Fla. 1973)…asis supplied.) Section 627.419(1), Florida Statutes,2 F.S.A. The application thus becomes a part of the agreement between the parties and the policy together with the application form the contract of insurance. Quick v. National Indemnity Company, 231 So. 2d 22 (Fla.App.1970); 13 Appleman, Insurance Law & Practice, § 7582, p. 334. We have held that a single insurance policy provision should not be considered in isolation, but should be construed with other policy provisions against the background of the ca…
-
Allstate Ins. Co. v. Chastain, 251 So. 2d 354 (Fla. 3d DCA 1971)…resolved against the carrier and in favor of coverage. Hartnett v. Southern Insurance Company, Fla.1965, 181 So. 2d 524; Financial Fire & Casualty Company v. Callaham, Fla.App.1967, 199 So. 2d 529; Quick v. National Indemnity Company, Fla.App.1970, 231 So. 2d 22. The appellant places great stress on a recent opinion of the First District Court of Appeal [Gordon v. Phoenix Insurance Company, Fla.App.1970, 242 So. 2d 485], contending it should be controlling in the instant case. We do not think that this opin…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Poole v. The Travelers Ins. Co., 130 Fla. 806 (Fla. 1937)
- New England Mut. Life Ins. Co. v. Alden Huckins, 127 Fla. 540 (Fla. 1937)
- Martin v. Sun Ins. Off. of London, 83 Fla. 325 (Fla. 1922)
- Inter-Ocean Cas. Co. v. Effie Hunt, 138 Fla. 167 (Fla. 1939)
- Oren v. Gen. Accident Fire & Life Assurance Corp., Ltd., 175 So. 2d 581 (Fla. 3d DCA 1965)
- Griffin v. Speidel, 179 So. 2d 569 (Fla. 1965)
- Peerless Ins. Co. v. SUN Line Helicopters, Inc., 180 So. 2d 364 (Fla. 3d DCA 1965)
- Boulter v. Commercial Standard Ins. Co., 175 F.2d 763 (9th Cir. 1949)
- Preferred Accident Ins. Co. of N.Y. v. Onali, 125 F.2d 580 (8th Cir. 1942)
- Life & Cas. Ins. Co. of Tenn. v. Gurley, 229 F.2d 326 (4th Cir. 1956)