Wrongful death — Automobile accident — Vicarious liability — Damages — Insurance — Liability limitations — Action against vehicle owner arising from fatal accident caused by permissive driver — No error in entering summary judgment in favor of vehicle owner based on determination that owner’s liability was statutorily limited to $100,000, and that vehicle owner’s insurance coverage of $250,000, which was paid by owner’s insurer toward plaintiffs’ claim against driver, satisfied owner’s maximum liability — Plaintiffs’ argument that a vehicle owner’s policy cannot be used to both satisfy vehicle owner’s maximum liability and count towards driver’s combined policy limits is unsupported by statute’s unambiguous language — Section 324.021(9)(b)3 limits a vehicle owner’s liability to $100,000 per person if the permissive user’s combined limits are $500,000 or more, and nothing within the statute indicates that a vehicle owner’s liability cap and permissive driver’s combined limits are mutually exclusive — There is no language excluding insurance payments under a vehicle owner’s policy from the calculation of a permissive driver’s combined policy limits — Driver had combined coverage of over $500,000 when vehicle owner’s policy under which driver was a permissive user was added to driver’s three other policies
45 Fla. L. Weekly D1349b
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