ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
MARCIA FULTON, APPELLEE
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Allstate appealed a partial summary judgment finding coverage under a homeowner's insurance policy for Marcia Fulton, the non-resident spouse of the named insured. The court reversed, holding that the wife was not covered because she was not a resident of the named insured's household at the time of loss, regardless of her insured status when the policy was issued.
The court held that the non-resident spouse was not covered as a matter of law. Once the wife ceased to be a resident of the named insured's household, she ceased to be an insured under the policy, regardless of her insured status at policy issuance.
[1] A spouse is not an insured under a homeowner's policy unless they are a resident of the named insured's household.
[2] Failure to respond to a request for admissions results in the admission of the facts stated in the request.
Previewing 2 of 5 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“It affirmatively appears from the policy attached to the complaint that a wife is not an insured unless she is a resident of the named insured's household.”
Establishes the policy's plain language requirement that spousal coverage depends on household residency
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Join FLexlaw to unlock all legal intelligenceAllstate issued a homeowner's burglary and theft policy to Michael G. Fulton. Marcia H. Fulton, Michael's wife, filed suit claiming coverage for a los…
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PER CURIAM.
This is an interlocutory appeal from a partial summary judgment construing the terms of an insurance policy and holding that there was coverage under a policy issued by the defendant Allstate Insurance Company. There is no dispute as to the facts and the question is whether or not the plaintiff was entitled to a partial summary judgment as a matter of law.
The defendant issued its insurance policy to Michael G. Fulton, who was the husband of Marcia H. Fulton, the plaintiff here. The policy was a homeowner’s policy covering losses by burglary or theft. After the filing of suit and an answer denying coverage, the defendant filed a request for admissions. The plaintiff failed to answer the request for admissions and, therefore, admitted the request. Fla.R.Civ.P. 1.370. Two of the admissions which stand upon this record are that (1) the plaintiff is not the person identified as the named insured on the declarations page of the contract, and (2) that on the date of the loss, the plaintiff was not a resident of the household of the named insured, Michael Fulton. It affirmatively appears from the policy attached to the complaint that a wife is not an insured unless she is a resident of the named insured’s household.1 It, therefore, appears as a matter of law that the property of the spouse, who was not a resident in the named insured’s household, was not covered at the time of the loss. The trial judge in his order suggested as follows:
“1. That MICHAEL G. FULTON was the named insured under the policy of insurance sued upon by MARCIA H. FULTON.
“2. That on the date of the loss the marriage between MARCIA H. FULTON and MICHAEL G. FULTON had not, as yet, been legally terminated by decree of Court.”
The fact that the policy was issued when the parties were living together does not provide coverage to a wife who is not a resident of the covered premises. In the instant case, it further appears without controversy that the property was not located at the residence.
The wife’s argument that because she was an insured at the time of the issuance of the policy, she was, therefore, covered under the portion of the policy providing for temporary residence, simply cannot be a reason for coverage inasmuch as once she ceased to be a resident spouse “of the Named Insured’s household,” she ceased to be an insured. See Ringenberger v. General Accident Fire and Life Assurance Corporation, 214 So. 2d 376 (Fla. 4th DCA 1968); General Accident Fire and Life Assurance Corporation v. Liberty Mutual Insurance Company, 260 So. 2d 249 (Fla. 4th DCA 1972); and Fernandez v. United States Fidelity and Guaranty Company, 308 So. 2d 49 (Fla. 3d DCA 1975).
Accordingly, the partial summary judgment appealed is reversed and the cause is remanded for further proceedings in accordance with the views herein expressed.
Reversed and remanded.
. “DEFINITIONS
(Applicable tb Sections as Indicated)
Applicable to All Sections of the Policy When used in this policy the following definitions apply:
1. ‘insured’ means
(a) the Named Insured stated in the Declarations of this policy;
(b) if residents of the Named Insured’s household, his spouse, the relatives of either, and any other person under the age of twenty-one in the care of any Insured; and .
2. ‘insured premises’ means
(a) the residence premises described on the Declaration Page of this policy; and . . . ”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morgan v. Am. Sec. Ins. Co., 522 So. 2d 454 (Fla. 1st DCA 1988)…e with the trial court that Dorothy Morgan’s transfer of her insurable interest in the property before the loss avoided protection. See also, Johnson v. Aetna Life & Casualty Co., 472 So. 2d 859 (Fla. 3rd DCA 1985); Allstate Insurance Co. v. Fulton, 345 So. 2d 854 (Fla. 3rd DCA 1977); Aetna Insurance Co. v. King, 265 So. 2d [*456] 716 (Fla. 1st DCA 1972); and section 627.-405(1) and (2), Florida Statutes. We affirm for the further reason that James Morgan was not the “spouse” or “relative” of the named insur…
Authorities Cited
- Gen. Accident Fire & Life Assurance Corp. v. Liberty Mut. Ins. Co., 260 So. 2d 249 (Fla. 4th DCA 1972)
- Ringenberger v. Gen. Accident Fire & Life Assurance Corp., Ltd., 214 So. 2d 376 (Fla. 4th DCA 1968)
- Fernandez v. United States Fid. & Guar. Co., 308 So. 2d 49 (Fla. 3d DCA 1975)