LUCELE NEWMAN, AS ADMINISTRATRIX OF THE ESTATE OF EDWARD NEWMAN, DECEASED, AND ALLSTATE INSURANCE COMPANY, APPELLANTS,
v.
NATIONAL INDEMNITY COMPANY, HORTENSE GREEN AND LOUIS GREEN, APPELLEES
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This case addresses the interpretation of a family-household exclusion clause in an automobile insurance policy issued to Louis Green. The court held that the exclusion bars recovery by named insureds and family members residing in the same household, even when the vehicle is driven by an unrelated third-party omnibus insured who would otherwise be covered under the policy.
The family-household exclusion clause prevents the named insured and family members residing in the same household from recovering under the policy, even when the vehicle is driven by a third-party omnibus insured driver who would otherwise qualify for coverage. The severability of interests clause does not extend coverage to family members excluded by the family-household exclusion.
[1] A "family-household" exclusion in an automobile insurance policy prevents recovery by the named insured or a family member residing in the named insured's household, even…
[2] An "omnibus insured" is a person using an automobile with the permission of the named insured or their resident spouse.
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Join FLexlaw to unlock all legal intelligence“The named insured (Louis Green) or a member of the family of the named insured residing in the household of the named insured (Hortense Green) may not recover on the policy containing such an exclusionary clause although the car was driven by a third party who was an additional insured under the policy”
States the controlling legal rule that family-household exclusions bar recovery by named insureds and household family members regardless of who drives the vehicle
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Join FLexlaw to unlock all legal intelligenceLouis Green and his wife Hortense Green, residents of the same household, were injured as passengers in an automobile owned by Louis Green and driven …
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This is an appeal from a final judgment entered in a suit seeking declaratory judgment as to the extent of coverage under an automobile insurance policy containing a “family-household” exclusion and a “sever-ability of interest” clause.
Defendant-appellees Louis Green and his wife Hortense Green, both residents of the same household, were injured while passengers in an automobile owned by Louis Green. Edward Newman, deceased, (“Driver”) operated this automobile with Green’s knowledge and consent. Louis Green was also the “named insured” of an *119automobile insurance policy issued by defendant-appellee National Indemnity Company (“National”). Because of injuries received by the Greens, they sued the driver, Newman.
Plaintiff-appellant Lúcele Newman, widow of Edward Newman, the driver, was named administratrix of his estate. She sought a declaration that the National policy issued to Louis Green, the car owner and named insured, required National to defend Driver against the claims of Louis and Hortense Green.
Plaintiff-appellant Lúcele Newman contends that: the driver qualifies as an “omnibus insured” under the policy because he drove with the owner’s permission; the “family-household” exclusion does not extend to an “omnibus insured” driver who is neither related to the named insured and his wife nor a member of the named insured's household; and the “severability of interest” clause limits the scope of the “family-household” exclusion.
The subject policy of insurance issued to Louis Green as named insured, was in full force and effect at all relevant times. In pertinent part it provides:
“ * * * [The Company] Agrees with the insured, named in the declarations made a part hereof, * * * subject to the limits of liability, exclusions, conditions and other terms of this policy:
“INSURING AGREEMENTS
“1. Coverage A — Bodily Injury Liability : To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury * * * sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the automobile.
“Coverage B — Property Damage Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property * * * caused by accident and arising out of the ownership, maintenance or use of the automobile.
[Other coverage omitted],
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“HI Definition of Insured: (a) With respect to the insurance for bodily injury liability and for property damage liability the unqualified word ‘insured’ includes the named insured and if the named insured is an individual, his spouse if a resident of the same household, and also includes any person while using the automobile and any person * * * legally responsible for the use thereof, provided the actual use of the automobile is by the named insured or such spouse or with the permission of either.
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“CONDITIONS
“6. Severability of Interests — Coverages A and B: The term ‘the insured’ is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company’s liability.
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“AUTOMOBILE LIABILITY POLICY ENDORSEMENT
“This policy does not apply, under Coverage A, to bodily injury or sickness, disease or death of (1) the spouse or any parent, son, or daughter of the insured, while residing in the same household as the insured, or (2) the named insured, nor, under Coverage B, to any property damage loss sustained by any such party.”
* * * * * *
We have examined the arguments, briefs, and record before us. We express the view that the rule to be applied in this case is as follows: The named insured (Louis Green) or a member of the family of the named insured residing in the household of the named insured (Hortense *120Green) may not recover on the policy containing such an exclusionary clause although the car was driven by a third party who was an additional insured under the policy (plaintiff’s decedent Edward Newman). See: Hogg v. State Farm Mutual Automobile Insurance Co., 276 Ala. 366, 162 So.2d 462 (1964); “Annotation,” 50 A.L.R.2d 120; 7 Am.Jur.2d Automobile Insurance § 131.
Therefore, the judgment is affirmed.
Affirmed.
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Reid v. State Farm Fire & Cas. Co., 352 So. 2d 1172 (Fla. 1977)…atutory prohibition, that provisions of automobile liability insurance policies excluding from coverage members of the insured’s family or household are valid. 46 A.L.R.3d 1024. This is also the rule in Florida. Newman v. National Indemnity Company, 245 So. 2d 118 (Fla. 3d DCA 1971); see also Zipperer v. State Farm Mutual Automobile Ins. Co., 254 F. 2d 853 (5th Cir. 1958). The reason for the exclusion is obvious: to protect the insurer from over friendly or collusive lawsuits between family members. Appellan…
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Fla. Farm Bureau Ins. Co. v. Gov't Emps. Ins. Co., 387 So. 2d 932 (Fla. 1980)…atutory prohibition, that provisions of automobile liability insurance policies excluding from coverage members of the insured’s family or household are valid. 46 A.L.R.3d 1024. This is also the rule in Florida. Newman v. National Indemnity Company, 245 So. 2d 118 (Fla.3d DCA 1971); see also Zipperer v. State Farm Mutual Automobile Ins. Co., 254 F. 2d 853 (5th Cir. 1958). The reason for the exclusion is obvious: to protect the insurer from over friendly or collusive lawsuits between family members. 352 So. 2…
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Gov't Emps. Ins. Co. v. Kitteridge S. Fitzgibbon, 568 So. 2d 113 (Fla. 5th DCA 1990)…not a non-family member was the negligent driver. The insured and the insured’s family members wrongfully injured as passengers in the car are still barred from liability coverage by the family exclusion clause. See Newman v. National Indemnity Co., 245 So. 2d 118 (Fla. 3d DCA 1971). Fitzgibbon argues that since she is barred from recovery under the liability provisions of GEICO’s policy, she should be entitled to claim uninsured motorist coverage under the same policy. However logical her argument may be (i…
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