30 Fla. L. Weekly D336a
Insurance — Liability — Trial court properly entered summary judgment finding no coverage under policy which expired by its temporal terms eight days prior to event which gave rise to wrongful death action against insured
ROKAVIAR, INC., USI FLORIDA LIFE and ESTATE PLANNING DIVISION, INC., d/b/a KOLISCH INSURANCE, EDWIN VELEZ and MICHELLE MARIE VELEZ, as Personal Representatives of the Estate of EDWIN MICHAEL VELEZ, deceased, Appellants, vs. COLONY INSURANCE CO., and DONALD TROMBLY, Appellees. 3rd District. Case No. 3D03-2737. L.T. Case No. 01-28424. Opinion filed February 2, 2005. An Appeal from the Circuit Court for Miami-Dade County, Harold Solomon, Judge. Counsel: Volpe, Bajalia, Wickes, Rogerson, Galloway & Wachs and Alan S. Wachs and Chris T. Harris (Jacksonville); Billbrough & Marks and G. Bart Billbrough; Andrew H. Boros, for appellants. Conroy, Simberg, Ganon, Krevans, Abel and Hinda Klein and Dale Friedman (Hollywood), for appellees.
(Before GERSTEN and FLETCHER, JJ., and HARRIS, Charles W., Senior Judge.)
(FLETCHER, Judge.) As events would have it, Rokaviar, Inc.’s insurance policy with Colony Insurance Company expired by its temporal terms eight days prior to a tragic event which gave rise to a wrongful death claim against Rokaviar.1 Colony declined coverage and Rokaviar then filed suit seeking coverage. The trial court entered summary final judgment in Colony’s favor. USI Florida Life and Estate Planning Division, Inc., d/b/a Kolisch Insurance, Edwin Velez and Michelle Marie Velez, as Personal Representatives of the Estate of Edwin Michael Velez, deceased, joined Rokaviar, Inc. on appeal.2
We affirm the final judgment on the authority of Williams v. Security Mut. Cas. Co., 377 So. 2d 733 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1120 (Fla. 1980), as did this court in Maldonado v. United Auto. Ins. Co., 634 So. 2d 1100 (Fla. 3d DCA 1994).3
Affirmed.
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1The temporal term of the Colony policy was July 2, 2000 through July 2, 2001.
2We have no record of appellee Donald Trombly joining as appellant.
3We do note that there was a dissent in each case, that of Chief Judge Schwartz in Williams and that of Judge Cope in Maldonado.
