28 Fla. L. Weekly D1042d
Insurance — Liability — Coverage — Insured’s failure to secure workers’ compensation coverage was not an “occurrence” under liability policy
DAVID REMUS and CAMARA DE COMERCIO LATINO-AMERICANA DE LOS ESTADOS UNIDOS, INC., a Florida not-for-profit corporation, f/k/a LATIN CHAMBER OF COMMERCE USA, INC., a Florida not-for-profit corporation, Appellants, vs. SCOTTSDALE INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D02-2220. L.T. Case No. 01-22078. Opinion filed April 23, 2003. An Appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge. Counsel: Michael C. Gongora; Mesa & Pereira and Carlos Mesa, for appellants. Butler Pappas Weihmuller Katz Craig and Anthony Russo and L. Andrew Watson, for appellee.
(Before SCHWARTZ, C.J., and GREEN and WELLS, JJ.)
(SCHWARTZ, Chief Judge.) Upon the holding that there was no coverage as a matter of law because the failure of the defendant-insured to secure worker’s compensation coverage, which was the basis of its asserted liability to the personal injury plaintiff, was not an “occurrence” as required by its liability policy, the summary judgment in favor of the insurer is affirmed. See American States Ins. Co. v. Pioneer Elec. Co., 85 F.Supp.2d 1337 (S.D. Fla. 2000); Stein-Brief Group, Inc. v. Home Indem. Co., 65 Cal. App. 4th 364, 76 Cal. Rptr. 2d 3 (1998); Reliance Ins. Co. v. Nick J. Giannini, Inc., 158 Ill. App. 3d 657, 511 N.E. 2d 755 (1987), appeal denied, 117 Ill. 2d 553, 517 N.E. 2d 1095 (1987). See generally Humana Worker’s Compensation Services v. Home Emergency Services, Inc., __ So. 2d __ (Fla. Case no. SC02-1206, opinion filed, March 13, 2003) [28 FLW S227].
