POMONA PARK BAR AND PACKAGE STORE, APPELLANT,
v.
EXCELSIOR INSURANCE COMPANY, 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.
Pomona Park Bar and Package Store appeals the grant of summary judgment to its liability insurer, Excelsior Insurance Company, which sought to deny coverage based on an exclusionary clause in the insurance policy. The court held that the exclusionary clause was irreconcilable with the policy's general coverage provisions and therefore must be deleted, requiring Excelsior to provide coverage and defense.
The exclusionary clause must be deleted as irreconcilable with the policy's express coverage provisions. Where clauses in an insurance policy are hopelessly irreconcilable and inconsistent, courts must adopt the construction providing the most coverage. Ambiguities in insurance policies are construed against the insurer. Therefore, Excelsior Insurance Company must provide both coverage and a defense to Pomona Park.
[1] An exclusionary clause in a liability insurance policy that is irreconcilably inconsistent with the policy's grant of coverage will be construed to provide the most cover…
[2] Ambiguities in an insurance policy are to be construed against the insurer.
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“where clauses are hopelessly irreconcilable and inconsistent with each other, courts have adopted the construction providing the most coverage”
Establishes the governing principle for resolving conflicting insurance policy provisions in favor of the insured
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePomona Park Bar and Package Store, a business engaged solely in selling and serving alcoholic beverages, was sued by Steven J. Miller (a minor) and hi…
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 Exclusion Clause Interpretation cases and more on FLexlaw
ERVIN, Judge.
This appeal involves a liability insurance coverage question. Pomona Park Bar and Package Store was sued by Steven J. Miller, a minor, and Margaret Miller, his mother, who allege that Pomona Park negligently sold alcoholic beverages to Steven Miller and proximately caused the accident in which the 16-year old was injured. Excelsior Insurance Company initially undertook defense on behalf of Pomona Park, but moved to withdraw as counsel and sought summary judgment based on an exclusionary clause in the insurance policy. That exclusionary clause applies:
“(h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (ii) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person;
but part (ii) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above;”
The trial judge granted Excelsior’s motion for summary judgment, finding the exclusionary clause above is not conflicting or ambiguous. The court expressly found it could not rewrite the parties’ entire contract. We reverse.
Clause (h)(1) excludes coverage for any bodily injury for which Pomona Park may be held liable while engaged in the business of selling and serving alcoholic beverages. Since it is undisputed that such is Pomona Park’s sole business, it has no premises liability coverage for any occurrence at all. This despite the fact Pomona Park has paid yearly premiums to Excelsior. The above exclusionary clause is irreconcilable with another part of the policy:
“The company will pay on behalf of the insured all sums which the insured shall become légally obligated to pay as damages because of:
Coverage A. Bodily injury or
Coverage B. Property damage to which this insurance applies caused by an occurrence and arising out of the ownership, maintenance or use of the insured premises and all operations necessary or incidental thereto . . .”
The policy gives on one hand and takes away on the other. In such circumstances, where clauses are hopelessly irreconcilable and inconsistent with each other, courts have adopted the construction providing the most coverage. Oliver v. United States Fidelity and Guaranty Company, 309 So. 2d 237 (Fla. 2nd DCA 1975). It is well settled that ambiguities in an insurance policy are to be construed against, the insurer. Mathews v. Ranger Insurance Company, 281 So. 2d 345 (Fla.1973). Since the underlying intent of this policy is clearly to provide premises liability coverage to Pomona Park, we feel constrained to delete clause (h) and find Excelsior Insurance Company must provide both coverage and a defense to Pomona Park in this cause.
Reversed and remanded for further proceedings not inconsistent herewith.
BOYER, C. J., and MILLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Excelsior Ins. Co. v. Pomona Park BAR & Package Store, 369 So. 2d 938 (Fla. 1979)…ADKINS, Justice. This cause is before the Court on petition for writ of certiorari to review the decision of the First District Court of Appeal in Pomona Park Bar & Package Store v. Excelsior Insurance Co., 347 So. 2d 136 (Fla.lst DCA 1977), which directly conflicts with United States Fidelity and Guaranty Co. v. Hazen, 346 So. 2d 632 (Fla.2d DCA 1977). In those decisions the district courts of appeal construed identical language in separate insurance contracts but r…
-
Sapp v. City OF Tallahassee, 348 So. 2d 363 (Fla. 1st DCA 1977)…ng an insurance contract, that where clauses are hopelessly irreconcilable and inconsistent, we would follow the rule resolving such ambiguities against the insurer, the drafter of the contract. Pomona Park Bar & Package Store v. Excelsior Ins. Co., 347 So. 2d 136 (Fla. 1st DCA 1977). Opinion filed June 15, 1977. However the agreement’s provisions are not necessarily dispositive of the agency question. While agency is normally a contractual relationship created by agreement of the parties, it may also be inf…
Authorities Cited
- Mathews v. Ranger Ins. Co., 281 So. 2d 345 (Fla. 1973)
- Oliver v. United States Fid. & Guar. Co., 309 So. 2d 237 (Fla. 2d DCA 1975)