CAVALIER INSURANCE CORPORATION, APPELLANT,
v.
MARY A. BAILEY ET AL., APPELLEES
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Cavalier Insurance Corporation appealed a summary judgment denying its declaratory judgment action against the Baileys. The court reversed, holding that an automobile insurance policy's uninsured motorist coverage did not extend to the named insured's daughter who lived in a separate household, because the policy's definition of 'relative' was limited to relatives residing in the same household as the named insured.
The daughter is not entitled to coverage under the uninsured motorist provision because the policy's definition of 'relative' explicitly limited coverage to relatives of the named insured who are residents of the same household. Since the daughter resided in a separate household with her mother, she does not qualify as an insured under the policy.
[1] An insurance policy's definition of "relative" as a resident of the same household as the named insured unambiguously limits coverage to those relatives residing with the…
[2] A relative who does not reside in the same household as the named insured is not entitled to uninsured motorist coverage under the named insured's policy, even if driving…
Previewing 2 of 4 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“'relative' means a relative of the name insured who is a resident of the same household;”
This is the policy's explicit definition limiting 'relative' coverage to those residing in the named insured's household, which was central to the court's holding.
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Join FLexlaw to unlock all legal intelligenceJohn Bailey held an automobile insurance policy with Cavalier Insurance Corporation covering a 1968 Ford. His minor daughter Mary, who had been living…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This appeal arises from an action brought by Cavalier Insurance Corporation seeking a declaratory judgment determining its rights under an automobile insurance policy and an injunction to stay arbitration proceedings.
Mary Bailey, the minor daughter of John H. Bailey, while operating a 1967 Mercury Cougar titled in the name of her father, became involved in an automobile accident with an uninsured motorist on November 29, 1970. John Bailey was the name insured under a policy issued by Cavalier Insurance Corporation on a 1968 Ford also owned by him. His daughter, Mary, who had been living for approximately 1% years prior to the accident with her mother who was divorced from John Bailey, made a claim against Cavalier for damages under the uninsured motorist coverage provision of her father’s policy on the 1968 Ford. Cavalier, taking the position that Mary was not an insured and not a resident of Mr. Bailey’s household, instituted the instant suit to determine coverage and to stop arbitration proceedings. Both parties moved for summary judgment which the trial court granted in favor of the defendants Mary and John Bailey and upon oral motion, granted them attorney’s fees.
The plaintiff-appellant insurance company contends that the trial court erred in finding that a named insured’s relative who does not live in the same household as the named insured, may recover for injuries sustained as a result of an accident with an uninsured motorist while driving an automobile which was owned by the named insured, but not listed on the insurance policy. We find merit in this contention.
The insurance policy issued by appellant Cavalier Insurance Corporation to the father, John Bailey, provided uninsured motorist coverage and described the following persons as insured under the policy:
“ ‘Insured’ means:
“(a) the named insured and any relative
In part I of the policy relative is defined as follows:
“' relative’ means a relative of the name insured who is a resident of the same household;”
Reading parts I and IV together, we find that John’s daughter, Mary, who was residing in a separate household with her mother, is not entitled to the uninsured motorist provision of the instant policy. Cf. Griffin v. General Guaranty Insurance Company, Fla.App. 1971, 254 So. 2d 574. The fine print of the insurance policy in the case sub judice plainly and with certainty “brings home” in unambiguous lan guage to the insured that the word “reía-tive” is limited to only those relatives who reside in the same household as the named insured. See Salas v. Liberty Mutual Fire Insurance Company, Fla.1972, 272 So. 2d 1, at 4.
Accordingly, we reverse the summary judgment entered in favor of defendant-appellees and remand with directions to the trial court to (1) enter judgment in favor of the appellant insurance company, (2) grant appellant an injunction staying arbitration proceedings, and (3) vacate its order reserving jurisdiction to award such costs and attorney’s fees to the defendants which it deems reasonable upon proper application.
Reversed and remanded with directions.
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Alava v. Allstate Ins. Co., 497 So. 2d 1286 (Fla. 3d DCA 1986)…held that an uncle was not the resident of his nephew’s household simply because he spent three or four days a week there; rather, he maintained his residence with his mother and stepfather at another domicile. In Cavalier Insurance Corp. v. Bailey, 292 So. 2d 67 (Fla. 3d DCA 1974), the minor daughter of divorced parents lived exclusively with her mother, and hence, was neither an insured nor a resident under the father's automobile insurance policy. In contrast, the facts here reveal that Ernesto is, indee…
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Webster v. Valiant Ins. Co., 512 So. 2d 971 (Fla. 5th DCA 1987)…and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED. UPCHURCH, C.J., and COBB, j., concur. . The Florida Wrongful Death Act encompasses sections 768.16 through 768.27. . See also Cavalier Ins. Corp. v. Bailey, 292 So. 2d 67 (Fla. 3rd DCA 1974). . See Section 768.21(1) loss of support and services, (4) mental pain and suffering, and (5) medical and funeral expenses, Fla.Stat. (1984). . Davis v. U.S. Fidelity & Guar. Co. of Baltimore, Maryland, 172 So. 2d 485 (Fla. 1st…
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Kiertekles v. The Manchester Ins. & Indem. Co., 323 So. 2d 317 (Fla. 3d DCA 1975)…r the terms of the policy or the statute providing for uninsured motorist coverage. See Fla. Stat. § 627.727; Mullis v. State Farm Mutual Automobile Insurance Co., Fla.1971, 252 So. 2d 229; cf. Cavalier Insurance Corporation v. Bailey, Fla.App.1974, 292 So. 2d 67. Affirmed.…
Authorities Cited
- Salas v. Liberty Mut. Fire Ins. Co., 272 So. 2d 1 (Fla. 1972)
- Griffin v. Gen. Guar. Ins. Co., 254 So. 2d 574 (Fla. 3d DCA 1971)