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January 22, 2015 by admin

Abbey, Adams Obtains Summary Judgment Determining No Coverage Based on Family / Household Exclusion in Auto Liability Policy

Abbey, Adams obtained summary judgment in favor of an insurance carrier in a declaratory judgment action seeking a determination that automobile liability coverage was unavailable for a wrongful death action.  The decedent was fatally injured in an automobile collision while riding as a passenger in his named insured, daughter’s leased automobile.  The decedent was a resident of his daughter’s home and therefore came within the applicable policy’s definition of an “insured.”  The decedent’s estate brought a wrongful death claim against both the Estate of his daughter, and a co-lessee of the subject vehicle who was listed as an “additional insured” on the policy.  The co-owner did not live with, and was not related to, the decedent. 
The Policy contained the following language: 

Insured means the person,
persons
or organization defined as insureds in the specific    
coverage.
***
Relative – as used in Section
I, III, IV and V means a person related to you or your spouse
by blood, marriage or adoption (including a ward or foster child) who resides
primarily with you.  It includes your
unmarried and unemancipated child away at school.
***
Who Is
an Insured
When we refer to your
car
, a newly acquired car or a temporary substitute car, insured
means:
1.           
you;
2.           
your spouse;
3.           
The relatives of the first person
named in the declarations;
4.           
any other person while using such a car if
its use is within the scope of consent of you or your spouse;
***

         

THERE IS NO COVERAGE … FOR
ANY BODILY INJURY TO … ANY INSURED OR ANY MEMBER OF AN INSURED’S
FAMILY RESIDING IN THE INSURED’S HOUSEHOLD
.



The parties filed competing Motions for Summary Judgment.  On behalf of the insurance company, Abbey, Adams argued that coverage was barred under the above-underlined exclusion.  Specifically, because the decedent came within the policy’s definition of an “insured” by virtue of his status as resident relative of the named insured, coverage was barred for his claims against both the named insured, and the additional insured vehicle co-lessee.
The Estate argued that the exclusion should not apply to bar coverage for the decedent’s claims against the additional insured since the decedent was neither a relative of that insured, nor a resident of the additional insured’s household.  In addition, the Estate argued that the Exclusion–as applied to defeat coverage for claims involving a leased vehicle–was void as against the public policy underlying Florida’s Financial Responsibility law. 
On October 27, 2014, the Court entered Final Summary Judgment in favor of the carrier, concluding that the exclusion applied and hence, there was no coverage for the Estate’s claims against either the named insured, or the additional insured.  Plaintiff’s Motion for Rehearing was denied by order entered on January 15, 2015 which explicitly rejected the public policy argument.   

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