ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, A CORPORATION, APPELLANT,
v.
WILLIAM F. KIELDSEN, 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.
An insurance company appeals a summary judgment awarding coverage under a homeowner's boat endorsement for a stolen 23-foot boat. The court affirmed, finding that although the boat was occasionally used for commercial purposes, it was being used for private pleasure at the time of theft, bringing it within the policy's coverage.
The court held that although Kieldsen had sporadically used the boat for commercial purposes, at the time of theft the craft was being used for private pleasure purposes, bringing it within coverage. Summary judgment was properly granted in favor of the insured on the issue of coverage.
[1] An insurance policy exclusion for commercial use does not apply if the insured property was being used for private pleasure purposes at the time of loss.
[2] Summary judgment is appropriate when there are no material issues of fact and the moving party is entitled to judgment as a matter of law.
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“although appellee Kieldsen sporadically had used his boat for commercial purposes, at the time of the theft of the Formula Fisherman the craft was being used for private pleasure purposes”
Establishes the factual basis for affirming coverage: the boat was used for pleasure, not commerce, when stolen
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn September 1970, Arkwright-Boston issued Kieldsen a homeowner's policy. In March 1974, Kieldsen purchased a 23-foot Formula Fisherman boat and obtai…
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 Insurance Policy Exclusion cases and more on FLexlaw
PER CURIAM.
Appellant, third party defendant in the trial court, seeks review of a summary final judgment entered in favor of the appellee, third party plaintiff, on the issue of insurance coverage.
On September 8, 1970 appellant-insurer Arkwright-Boston Manufacturers Mutual Insurance Company, issued to the appellee, William Kieldsen, a homeowner’s policy. In March, 1974, Kieldsen purchased a 23' 3" Formula Fisherman boat which was financed through the First State Bank. Ap-pellee then applied for and was issued by the appellant insurer a homeowner’s boat endorsement thereon to his homeowner’s policy. The endorsement insured the 23' 3".Formula Fisherman, inter alia, against loss due to theft. In addition, this endorsement contained a list of exclusions which provided among other things that there would be no coverage for loss or damage while the insured property was being used for commercial purposes. Subsequently, appellee’s Formula Fisherman was stolen while moored at Crandon Park Marina. Appellee Kieldsen notified appellant insurer thereof.
In July 1973, appellant informed appellee that his claim was being denied on the basis that the boat was being used for commercial purposes.
On September 17, 1973, the premiums which previously had been paid on the boat endorsement were refunded and the endorsement itself was eliminated from the homeowner’s policy.
On January 28, 1974 plaintiff, First State Bank, filed a complaint against appellee Kieldsen and alleged therein that Kieldsen had defaulted on his boat payments. Appellee answered and filed a third party complaint against the appellant and alleged therein that his Formula Fisherman was being used for pleasure purposes at the time of its theft and was insured for such loss pursuant to the watercraft endorsement to his homeowner’s policy issued by appellant-insurer. Appellant answered alleging the loss claim was-excluded under the policy on the basis that appellee Kieldsen was operating the' Formula. Fisherman for commercial purposes. Thereafter both appellee and appellant filed motions for summary judgment on the issue of coverage. After hearing oral argument thereon, the trial judge granted summary judgment on the issue of coverage in favor of the appellee, Kieldsen, and denied appellant-insurer’s motion for summary judgment. By taking this interlocutory appeal, appellant seeks review thereof.
We affirm. A review of the record on appeal in the case sub judice clearly reflects that although appellee Kieldsen sporadically had used his boat for commercial purposes, at the time of the theft of the Formula Fisherman the craft was being used for private pleasure purposes. There being no material issues in fact, we find that the trial judge correctly decided the issue of coverage, the only matter remaining to be resolved, in favor of the appellee, Kieldsen. Cf. The Home Insurance Company v. Gurr, Fla.App.1970, 237 So. 2d 68 and see Reliance Insurance Company v. The Yacht “Escapade,” 280 F. 2d 482 (5th Cir. 1960).
Accordingly, the judgment herein appealed hereby is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Reliance Ins. Co. v. THE Yacht Escapade ex THE Thor II, 280 F.2d 482 (5th Cir. 1960)
- The Home Ins. Co. v. Gurr, 237 So. 2d 68 (Fla. 3d DCA 1970)