MARIANNE YAKELWICZ, APPELLANT,
v.
L. C. BARNES ET AL., APPELLEES
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Marianne Yakelwicz appeals a judgment finding that an insurance policy on a motorcycle did not provide coverage for her injuries sustained as a passenger. The court affirmed, holding that the policy's clear exclusion of passenger coverage was valid and did not violate Florida's financial responsibility law.
The exclusion for passenger injuries is valid and enforceable because it is stated in clear and unambiguous language. The exclusion does not violate the financial responsibility law because there was no proof the policy was ever certified as proof of financial responsibility under Florida law.
[1] An insurance policy exclusion for passengers on an insured motorcycle is not unconscionable if the exclusion is clear and unambiguous.
[2] A passenger exclusion in a motorcycle liability insurance policy does not violate the financial responsibility act when there is no proof the policy was certified as proo…
Previewing 2 of 3 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“the policy in clear and unambiguous language excludes bodily injury of any person "sustained while such person is a passenger in or upon the insured motorcycle."”
The court's finding that the exclusion is clearly stated in the policy, supporting enforcement of the exclusion.
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Join FLexlaw to unlock all legal intelligenceOn May 21, 1970, Yakelwicz was injured when the motorcycle she was riding as a passenger, owned by L. C. Barnes and operated by Randall Lynn Barnes, c…
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PER CURIAM.
Plaintiff appeals an adverse final judgment finding that defendant insurance company did not afford coverage in this action for damages for injuries sustained as a result of the alleged negligent operation of a motorcycle.
On May 21, 1970, plaintiff, Marianne Yakelwicz, was a passenger on a motorcycle owned by L. C. Barnes and being operated by Randall Lynn Barnes when it collided with another vehicle causing serious injury to the plaintiff. In May 1974 Marianne filed suit against L. C. and Randall Lynn Barnes and their insurer, Reserve Insurance Company, appellees herein. L. C. and Randall Barnes were served by con- . structive service (§§ 48.151, 48.161, 48.171, Fla.Stat.) and defendant insurer was served through the insurance commission. On June 7 plaintiff’s motion for entry of default against defendant insurer was granted. In August, defendant insurer moved to set aside the default on the ground of excusable neglect due to a misplacement of the file. Defendant insurer also alleged that it had a meritorious defense in that its policy specifically excluded claims of passengers on the insured motorcycle. After hearing the trial judge set aside the default and defendant insurer filed its answer. The issue of coverage was tried non-jury and the judge entered the appealed judgment finding that defendant insurer did not afford coverage to the plaintiff.
Plaintiff-appellant first argues that the exclusion as to passengers contained in this standard liability policy without calling the attention of the insured to it is unconscionable.
After a reading of the motorcycle insurance policy issued by the defendant-appellee, we find the policy in clear and unambiguous language excludes bodily injury of any person “sustained while such person is a passenger in or upon . the insured motorcycle.” Thus, appellee insurer was not liable for the injuries sustained by plaintiff while she was a passenger on the motorcycle. See Winter Garden Ornamental Nursery, Inc. v. Cappleman, Fla.App.1967, 201 So. 2d 479.
Plaintiff next contends that such a liability insurance policy which excludes from coverage passengers on the insured motorcycle violates the financial responsibility act.
There being no proof or evidence that this insurance policy ever was certified as proof of financial responsibility by the insured motorcycle owner so as to invoke the provisions of the financial responsibility law (§ 324.151(2), Fla.Stat.), the passenger exclusion was not in violation of the law or the public policy of this state. See Ennis v. Charter, Fla.App.1974, 290 So. 2d 96.
We also considered appellant’s remaining points on appeal and find they are without merit.
Affirmed.
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Andriakos v. Cavanaugh, 350 So. 2d 561 (Fla. 2d DCA 1977)…le Ins. Co., 267 So. 2d 105 (Fla. 3d DCA 1972). As applied to the facts of this case the exclusion falls in this category. We answer the question, as modified, in the negative. McNULTY and OTT, JJ., concur. . The rationale of Yakelwicz v. Barnes, 330 So. 2d 810 (Fla. 3d DCA 1976), and Ennis v. Charter, 290 So. 2d 96 (Fla. 1st DCA 1974) is inapplicable because the accidents in both these cases predated the passage of the Automobile Reparations Reform Act. . We need not consider the effect of Chapter 11-iQS…
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Canal Ins. Co. v. Reed, 680 So. 2d 486 (Fla. 1st DCA 1996)…ida driver’s license. Because the terms and conditions of the financial responsibility law did not apply to the policy issued by Canal, the trial court erred in applying the Makris decision to the circumstances of this case. See Yakelwicz v. Barnes, 330 So. 2d 810, 811 (Fla. 3d DCA 1976) (“There being no proof or evidence that this insurance policy was certified as proof of financial responsibility by the insured motorcycle owner so as to invoke the provisions of the financial responsibility law ..., the pass…
Authorities Cited
- Winter Garden Ornamental Nursery, Inc. v. Cappleman, 201 So. 2d 479 (Fla. 4th DCA 1967)
- Ennis v. Charter, 290 So. 2d 96 (Fla. 1st DCA 1974)