SYLVIA SALAS AND RAMON SALAS, INDIVIDUALLY, AND AS GUARDIAN OF SYLVIA SALAS, A MINOR, APPELLANTS,
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
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Sylvia Salas sought uninsured motorist coverage under her father's Liberty Mutual insurance policy after being injured as a passenger in a vehicle owned by her brother. The court upheld the policy's family-household exclusion, which bars coverage for injuries from vehicles owned by household members related by blood, marriage, or adoption.
The family-household exclusion in the uninsured motorist coverage provision is valid and enforceable. The court affirmed the summary judgment in favor of Liberty Mutual, holding that while certain exclusions from uninsured motorist coverage have been struck down, family-household exclusions of this type have been upheld by the court.
[1] A "family-household" exclusion in an automobile insurance policy is not contrary to the purpose of § 627.0851, Fla.Stat.
[2] A "family-household" exclusion in an automobile insurance policy may exclude coverage for bodily injury to an insured while occupying a vehicle owned by a resident relati…
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Join FLexlaw to unlock all legal intelligence“This policy does not apply: * * * Under the Uninsured Motorists Coverage, "(q) to bodily injury to an insured while occupying a highway vehicle (other than an insured automobile) owned by the named insured or by any person resident in the same household who is related to the named insured by blood, marriage or adoption, or through being struck by such a vehicle”
The exact language of the family-household exclusion at issue in the policy
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Join FLexlaw to unlock all legal intelligenceSylvia Salas, a minor, was a passenger in an uninsured automobile owned and operated by her brother, Raymond Salas, Jr. The vehicle collided with anot…
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The appellant-defendants, the Salas’, seek review of an adverse final summary judgment entered in favor of plaintiff-ap-pellee Liberty Mutual Fire Insurance Company in its declaratory judgment action to determine rights under an automobile insurance policy.
The appellants generally contend that the “family-household” exclusion is contrary to the purpose of § 627.0851, Fla.Stat., F.S.A. We reject this contention and affirm the judgment.
Two automobiles collided near an intersection leading to the parking area of Crandon Park. Appellant Sylvia Salas was riding as a passenger in an uninsured automobile owned and operated by her brother, Raymond Salas, Jr. The other car was owned by Marian C. Kees and was operated by Richard Kees; the Kees’ vehicle was insured by Allstate Insurance Company.
Sylvia Salas, a minor, and her brother are both residents in the household of their father, appellant Raymond Salas. Their father is the named insured in a policy issued by appellee-Liberty Mutual Fire Insurance Company. The policy contains uninsured motorist coverage, but contains the following limitation:
“This policy does not apply: * * * Under the Uninsured Motorists Coverage,
“(q) to bodily injury to an insured while occupying a highway vehicle (other than an insured automobile) owned by the named insured or by any person resident in the same household who is related to the named insured by blood, marriage or adoption, or through being struck by such a vehicle
The minor appellant, Sylvia Salas, made a claim under the uninsured motorist provision of the policy, alleging gross negligence on the part of her brother, the owner-operator of the vehicle in which she was a passenger. An arbitration hearing was scheduled, and then appellee filed the present complaint for a declaratory decree, alleging that it was not liable under the uninsured motorist provision containing a “family-household” exclusion.
While certain exclusions from uninsured motorist coverage have been struck down, nevertheless “family-household” exclusions of this type have been upheld by this court. National Union Indemnity Company v. Hodges, Fla.App.1970, 238 So.2d 673.
We think the trial court was correct in refusing to strike down the “family-household” exclusion in question.
Therefore, the judgment appealed is affirmed.
Affirmed.
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Salas v. Liberty Mut. Fire Ins. Co., 272 So. 2d 1 (Fla. 1972)…ADKINS, Justice. By petition for certiorari, we have for review a decision of the District Court of Appeal Third District (Salas v. Liberty Mutual Fire Insurance Company, Fla.App., 247 So. 2d 528), which allegedly conflicts with a decision of this Court (Hodges v. National Union Indemnity Company, Fla., 249 So. 2d 679), and other decisions on the same point of law. Fla.Const., art. V, § 4, F.S.A. This was an action brought by Liberty Mutual…
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Salas v. Liberty Mut. Fire Ins. Co., 273 So. 2d 96 (Fla. 3d DCA 1973)…PER CURIAM. Whereas, the judgment of this court was entered on April 27, 1971 (247 So. 2d 528) affirming the judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed December 13, 1972 (272…
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Froehling v. Froehling, 250 So. 2d 898 (Fla. 1971)…Certiorari denied. 247 So. 2d 528. ROBERTS, C. J., and ERVIN, ADKINS, BOYD and DEKLE, JJ., concur.…
Authorities Cited
- Nat'l Union Indem. Co. v. Turner Hodges, 238 So. 2d 673 (Fla. 3d DCA 1970)