AUTO OWNERS INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
JENNIE BELL WEST 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.
The trial court correctly granted summary judgment finding that Auto Owners Insurance Company's policy covered the 1963 Dodge automobile involved in the collision, and the insurer's interlocutory appeal is affirmed.
An insurance policy covers a vehicle when the evidence on summary judgment demonstrates coverage under the policy terms.
[1] A partial summary judgment on liability regarding insurance coverage is subject to interlocutory appeal under Florida Appellate Rule 4.2(a).
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJennie Bell West was injured as a passenger in an automobile that collided with a 1963 Dodge owned by Francisco Horacio Quintero and driven by Horacio…
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 Denial Of Coverage cases and more on FLexlaw
This is an interlocutory appeal by the defendant in an action for damages for personal injuries resulting from an automobile accident.
The complaint alleged the injured plaintiff Jennie Bell West was a passenger in an automobile involved in a collision with a 1963 Dodge automobile owned by the defendant Francisco Horacio Quintero and driven by the defendant Horacio Quintero. The appellant-defendant Auto Owners Insurance Company was the insurer of the defendant automobile owner. The insurer answered denying coverage of the Dodge automobile.
On the question relating to insurance coverage both the insurer and the plaintiffs moved for summary judgment. The court denied the insurer’s motion and granted that of the plaintiff, and entered summary judgment against the insurer on the question of its coverage liability. The insurer appealed.
The summary judgment determining there was coverage, where the defendant insurance company had denied coverage, was subject to interlocutory appeal under Rule 4.2(a) FAR, 32 F.S.A., as a partial summary judgment on liability. See Travelers Insurance Company v. Wilson, Fla. App.1972, 261 So.2d 545.
The question of insurance coverage turned upon whether the policy covered the 1963 Dodge automobile. On the evidence relating thereto which was before the court on hearing on motion for summary judgment we hold the trial court ruled correctly, on authority of Phoenix *535Insurance Company v. McQueen, Fla.App.1970, 240 So.2d 79.
Affirmed.
(dissenting in part).
I respectfully dissent from that portion of the majority opinion which holds that this appeal should be affirmed upon authority of Phoenix Insurance Company v. McQueen, Fla.App.1970, 240 So.2d 79. The holding in Phoenix would, I think, require a reversal of this summary judgment. The issue of coverage should be tried because the failure of an insurance company to respond to an SR-21 form is not conclusive proof of coverage.
PEARSON, Judge
(dissenting in part).
I respectfully dissent from that portion of the majority opinion which holds that this appeal should be affirmed upon authority of Phoenix Insurance Company v. McQueen, Fla.App.1970, 240 So. 2d 79. The holding in Phoenix would, I think, require a reversal of this summary judgment. The issue of coverage should be tried because the failure of an insurance company to respond to an SR-21 form is not conclusive proof of coverage.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)…zed review of interlocutory orders which granted partial summary judgment on liability in civil action. This rule was interpreted to permit appeals from partial summary judgments on the issue of insurance coverage. Auto Owners Insurance Co. v. West, 260 So. 2d 534 (Fla. 3d DCA 1972), reversed on other grounds, 276 So. 2d 31 (Fla.1973); Travelers Insurance Co. v. Wilson, 261 So. 2d 545 (Fla. 4th DCA 1972). Petitioner concedes that the wording of the present rule differs from its predecessor, but asserts that w…
-
United States Fire Ins. Co. v. VAN Iderstyne, 347 So. 2d 672 (Fla. 4th DCA 1977)…udgment for Appellant. The Order is an interlocutory Order in an equitable action for declaratory relief. We hear this appeal under Fla.App. Rule 4.2. Kingdon v. Walker, 156 So. 2d 208 (Fla.2d DCA 1963); Auto Owners Insurance Company v. West, [*673] 260 So. 2d 534 (Fla.3d DCA 1972); Travelers Insurance Company v. Wilson, 261 So. 2d 545 (Fla.4th DCA 1972). The issue as set out by the trial court in its Order is the interpretation of the effect of the endorsement of October 29, 1973. We agree with the trial co…
-
Alamo Rent-A-Car, Inc. v. Summers, 404 So. 2d 131 (Fla. 2d DCA 1981)…code-fendant could not take an interlocutory appeal from a partial summary judgment on the issue of liability because the determination of coverage did not at that point carry with it the obligation to pay. Accord, Auto Owners Insurance Co. v. West, 260 So. 2d 534 (Fla.3d DCA 1972), rev’d on other grounds, 276 So. 2d 31 (Fla.1973). While these cases were decided under former Florida Appellate Rule 4.2(a),1 the current rule carries forward the same language insofar as it refers to decisions on “liability.” Mor…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travelers Ins. Co. v. Wilson, 261 So. 2d 545 (Fla. 4th DCA 1972)
- State of Fla. ex rel. George Nesselrode v. The Honorable William Piquette, 261 So. 2d 545 (Fla. 3d DCA 1972)
- The Phoenix Ins. Co. v. Cheri Ann McQUEEN, 240 So. 2d 79 (Fla. 1st DCA 1970)