MARGARET QUINN, APPELLANT,
v.
KIMBERLY ANN GORMAN, A. MOREY, ANN MOREY, AND TRAVELERS INDEMNITY COMPANY, A FOREIGN CORPORATION DOING BUSINESS IN FLORIDA, APPELLEES

Fla. 4th DCA | 1978-01-24
No. 76-2634
DOWNEY and LETTS, JJ., concur.
354 So. 2d 429 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 4 cases

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Holding

An insurance policy does not provide coverage for a parent's statutory liability for a child's negligence if the policy does not explicitly include such coverage.


Facts & Procedural History

Appellant was injured by a minor driver who was the daughter of Ann Morey. Ann Morey had co-signed her daughter's driver's license application, making…

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Opinion of the Court
ANSTEAD, Judge.

ANSTEAD, Judge.

This is an appeal from a final summary judgment holding that a policy of insurance provided by the appellee, Travelers Indemnity Company, to its insured, Ann Morey, did not provide coverage for the insured’s liability under Section 322.09, Florida Statutes (1975), whereby the insured may be liable for her daughter’s negligence because of co-signing the minor daughter’s application for a driver’s license. We affirm.

The appellant, Margaret Quinn, was injured in an accident involving an automobile owned and operated by the appellee, Kimberly Ann Gorman. At the time of the accident Kimberly was not a resident of the household of her mother, Ann Morey. Travelers insured Mrs. Morey under a liability policy which by its terms covered Mrs. Morey and residents of her household for accidents involving anyone’s authorized use of Mrs. Morey’s automobile and Mrs. Mor-ey’s use of any automobile. There was no coverage provided in the policy for Mrs. Morey’s liability under Florida Statute 322.-09.

The appellant contends that public policy mandates that Section 322.09 be made a part of Travelers’ policy as a matter of law for otherwise there will be no insurance coverage in this case. The chief source for the expression of public policy is the legislature. However, we can find no legislative enactments which require that the insurance contract include this coverage. Absent such a legislative requirement the parties are free to contract as they please. The final summary judgment is hereby affirmed.

AFFIRMED.

DOWNEY and LETTS, JJ., concur.


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Citator

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  • …they knew that Jason was operating the motorcycle without insurance coverage. We find no merit in the Daughertys’ additional arguments that there was coverage because Mrs. Daugherty signed Jason’s driver’s license application, see Quinn v. Gorman, 354 So. 2d 429 (Fla. 4th DCA 1978), that there was coverage under the homeowners’ policy for alleged negligent supervision of Jason by his parents, see Cesarini v. American Druggist Ins. Co., 463 So. 2d 451 (Fla. 2d DCA 1985), and that the loss was not within the…
  • Boudreau v. Gen. Accident Fire & Life Ins. Corp., Ltd., 466 So. 2d 338 (Fla. 5th DCA 1985)
    …imputed negligence. We have found no cases directly on point but agree with the Fourth District Court of Appeal that it is not against public policy to fail to provide coverage to appellant in the insurance policy for her husband. Quinn v. Gorman, 354 So. 2d 429 (Fla. 4th DCA 1978). Should the legislature choose to mandate the inclusion of this coverage in automobile liability policies then the coverage will be afforded. It is not for the courts to require insurance coverage; only to enforce the legislature…

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