26 Fla. L. Weekly D752aNOT FINAL VERSION OF OPINION
Subsequent Changes at 26 Fla. L. Weekly D1559a
Insurance — Life — Exclusions — Loss incurred as result of injury sustained while under the influence of alcohol — Error to award policy proceeds to beneficiary where it was undisputed that injuries from which insured eventually died were result of automobile accident which occurred when insured was driving under the influence
AMERICAN HERITAGE LIFE INSURANCE COMPANY, ETC., Appellant, v. ETHEL ENGLISH, Appellee. 5th District. Case No. 5D00-214. Opinion filed March 16, 2001. Appeal from the Circuit Court for Marion County, Jack Singbush, Judge. Counsel: T. Geoffrey Heekin, Ann Krueger Smith, Eric L. McAliley of Bartlett, Heekin & Smith, P.A., Jacksonville, for Appellant. Dock A. Blanchard of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellee.
(PETERSON, J.) American Heritage Life Insurance Company, etc. (AHL) appeals a judgment awarding Ethel English the proceeds of a life insurance policy insuring the life of her son, Ned English, who she admits had a blood alcohol level in excess of the legal presumption of intoxication when he died as a result of an automobile accident.
Ned English and his friend, Lamar Glover, owner of the automobile involved in the accident, were driving home after having been at a bar. Ned was the designated driver because Glover “felt too intoxicated to drive.” At some point, the automobile veered out of the eastbound lane, crossed the westbound lane, struck a mailbox, and came to a stop when it struck an oak tree. A paramedic found Ned outside of the vehicle by the time he arrived and described Ned as being seriously injured but conscious. Ned informed the paramedic that he was the driver of the vehicle, that he was wearing his seat belt, and that he had fallen asleep at the wheel. The paramedic noted the distinct smell of alcohol on Ned’s breath and a blood-alcohol test result of .189 confirmed the fact that Ned had been driving under the influence. Ned eventually died as a result of the injuries sustained in the accident.
Ethel English, as the beneficiary under her son’s life insurance policy, filed a claim with AHL for the policy’s proceeds. AHL refused payment, contending that an accidental death as defined by the policy did not occur and the claim was barred by an exclusion in the policy. The exclusion precluded recovery for a loss incurred as a result of an injury sustained while under the influence of alcohol.1
English subsequently brought suit against AHL, claiming entitlement to the proceeds under her deceased son’s life insurance policy with AHL. Following a bench trial, the trial court entered judgment in favor of English and awarded the $20,000 proceeds to her.
The policy plainly excludes coverage of any loss incurred as a result of “[a]ny injury sustained while under the influence of alcohol . . . .” It is undisputed that Ned was injured in an automobile accident from which he eventually died and that when he sustained this injury, he was under the influence of alcohol. Blood-alcohol test results of .189 confirmed the fact that he had been driving under the influence. See Fla. Stat. § 316.1934(2)(c) (1999).2 Because the facts undisputedly show that Ned had been driving under the influence of alcohol, and because the subject policy clearly does not cover any loss incurred as a result of “any injury sustained while under the influence of alcohol,” English as a matter of law is precluded from recovering the proceeds under the policy. See, e.g., Sasloe v. Home Life Ins. Co., N.Y., 416 So. 2d 867 (Fla. 3d DCA 1982); see also Haines v. Southern Life & Health Ins. Co., 363 So. 2d 175 (Fla. 4th DCA 1978)(where the language of a policy is clear and unambiguous, a court cannot strike down the clear terms, unless they are void as being against public policy).
We vacate the judgment and remand for entry of judgment for AHL.
REVERSED. (SHARP, W. and PALMER, JJ., concur.)
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1“[The] policy does not cover any loss incurred as a result of:* * *
d. Any injury sustained while under the influence of alcohol or any narcotic unless administered upon the advice of a physician . . . .”
2Section 316.1934(2)(c), Fla. Stat. (1999) provides:
(c) If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level.
