FRANCES BRITT, APPELLANT,
v.
FIDELITY AND CASUALTY COMPANY OF NEW YORK, 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.
Frances Britt appeals the dismissal of her declaratory relief action seeking insurance coverage under an automobile liability policy issued by Fidelity and Casualty Company. The court holds that bona fide disputes over insurance policy coverage are proper subjects for declaratory relief and reverses the trial court's dismissal.
A bona fide dispute over the coverage of an insurance policy is a proper subject for declaratory relief and should be entertained by the trial court on the merits rather than dismissed for failure to state a cause of action.
[1] A bona fide dispute over insurance policy coverage is a proper subject for declaratory relief.
[2] A complaint seeking declaratory relief regarding insurance coverage should be entertained on the merits when it presents a bona fide dispute arising from interpretation o…
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“Bona fide disputes over the coverage of an insurance policy have been traditionally considered a proper subject for declaratory relief.”
Establishes the governing legal principle that insurance coverage disputes are appropriate for declaratory relief actions.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn July 24, 1975, Britt purchased an automobile liability insurance policy from Fidelity through an insurance agency and obtained a temporary binder. …
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 Florida Financial Responsibility Law cases and more on FLexlaw
HAVERFIELD, Chief Judge.
Frances Britt appeals from an order granting a motion of defendant, Fidelity and Casualty Company of New York, to dismiss her complaint for declaratory relief seeking to determine coverage under her automobile liability insurance policy issued by Fidelity.
On July 24, 1975 Britt purchased through Auto Liability Insurance Agency an automobile liability insurance policy issued by Fidelity and obtained a temporary insurance binder effective that date. She made premium payments on July 24, August 4 and August 18 to Auto Liability Insurance Agency.
On August 18 she was involved in an automobile accident and as a result sustained personal injuries and incurred liability to a third party. Britt requested that Fidelity furnish her with personal injury protection benefits under the terms of the policy and that it defend the claim against her. Although Fidelity filed a Notice of Policy Under the Florida Financial Responsibility Law (Form SR-21) with the Bureau of Financial Responsibility on October 14, Fidelity subsequently cancelled her policy on December 31. Thereafter, by letter of May 20, 1976, Fidelity advised Britt that it was denying coverage both' as to her requests for personal injury protection benefits and defense of the third party claim. Britt then filed the instant action for declaratory relief seeking a determination of coverage under the policy. Fidelity moved to dismiss the complaint on the ground that it failed to state a cause of action under the declaratory judgment act. [Chapter 86, Florida Statutes (1975)]. After a hearing, the trial court entered an order dismissing the complaint for the above reason.
We reverse.
Bona fide disputes over the coverage of an insurance policy have been traditionally considered a proper subject for declaratory relief. Tavares v. Allstate Insurance Co., 342 So. 2d 551 (Fla. 3d DCA 1977). After a review of the complaint and several instruments attached thereto, we conclude that the complaint presents a bona fide dispute over coverage arising out of an interpretation of the binder and policy which should have been entertained by the trial court on the merits. Cf. Cruger v. Allstate Insurance Co., 162 So. 2d 690 (Fla. 3d DCA 1964); Zeagler v. Commercial Union Insurance Co. of New York, 166 So. 2d 616 (Fla. 3d DCA 1964); Jones v. New Amsterdam Casualty Co., 213 So. 2d 502 (Fla. 3d DCA 1968) and Tavares, supra.
Accordingly, the order of dismissal is reversed and the cause remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State Farm Mut. Auto. Ins. Co. v. Chapman, 415 So. 2d 47 (Fla. 5th DCA 1982)…benefits, but rather the trial court only declared that Chapman was entitled to personal injury protection coverage. The coverage issue was a proper issue for the trial court to resolve with a declaratory judgment. Britt v. Fidelity & Casualty Co., 360 So. 2d 116 (Fla.3d DCA 1978); Tavares v. Allstate Ins. Co., 342 So. 2d 551 (Fla.3d DCA 1977). The Florida Supreme Court recently has reaffirmed the validity of the Florida Automobile Reparations Reform Act. Chapman v. Dillon, 415 So. 2d 12 (Fla.1982). Accord…
-
Fid. & Cas. Co. OF NEW York v. Britt, 393 So. 2d 41 (Fla. 3d DCA 1981)…SCHWARTZ, Judge. After we reversed the dismissal of her complaint in Britt v. Fidelity & Casualty Co. of New York, 360 So. 2d 116 (Fla. 3d DCA 1978), the trial judge entered summary judgment on liability for the plaintiff, holding that an authorized agent’s1 issuance of a temporary insurance binder on behalf of Fidelity & Casualty was, as a matter of law, binding upon that car…
Authorities Cited
- Cruger v. Allstate Ins. Co., 162 So. 2d 690 (Fla. 3d DCA 1964)
- Zeagler v. Commercial Union Ins. Co. OF NEW York, 166 So. 2d 616 (Fla. 3d DCA 1964)
- Tavares v. Allstate Ins. Co., 342 So. 2d 551 (Fla. 3d DCA 1977)
- Jones v. The NEW Amsterdam Cas. Co., 213 So. 2d 502 (Fla. 3d DCA 1968)