15 Fla. L. Weekly Supp. 810b
Insurance — Commercial liability — Coverage — Exclusions — Workers’ compensation — Where workers’ compensation claim would have been employee’s exclusive remedy for employer’s alleged negligence, employer’s failure to maintain statutorily mandated workers’ compensation insurance precludes coverage under commercial liability policy that excludes any obligation of employer under workers’ compensation and similar laws
INDIAN HARBOR INSURANCE COMPANY, a foreign corporation, Plaintiff, v. BRANT WILLIAMS, doing business under the fictitious name STAR ROOFING CONSTRUCTION, and EDDIE BROWN, an individual, and GEORGE POWELL, an individual, Defendants. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 06-013111 CACE (02). October 25, 2007. Victor Tobin, Chief Judge. Counsel: Jose Pete Font, Vernis & Bowling, Hollywood, for Plaintiff. Steve Simpson, for Defendant Eddie Brown. Samuel Price, for Defendant George Powell.
AFFIRMED at 34 Fla. L. Weekly D186a
FINAL JUDGMENT
In this action for Declaratory Relief, pursuant to the Plaintiff’s Motion for Final Summary Judgment that was granted by this Court on September 27, 2007, it is hereby:
ORDERED AND ADJUDGED that the Defendant, Brant Williams, is not entitled to coverage under the commercial liability policy (Policy No. AIL030-000301) issued by the Plaintiff, Indian Harbor Insurance Company, for a negligence claim that was brought against him by Eddie Brown in the 17th Circuit Court of Broward County. The underlying claim for which coverage was being sought is known as Eddie Brown v. Indian Harbor Insurance Company, et al., Case No. 04-19120 25. In finding that there is no coverage, the Court relied on a policy exclusion that read as follows:
SECTION I — COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
2. Exclusions
This insurance does not apply to:
d. Workers Compensation and Similar Laws
Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law.
In applying the afore exclusion, the Court found as a matter of undisputed fact that at the time of the subject incident Eddie Brown was an employee and Brant Williams was his employer, as defined by Florida Statute § 440.02. Being that pursuant to Florida Statute § 440.11 a workers’ compensation claim would have been Eddie Brown’s exclusive remedy for Brant Williams’ alleged negligence, Brant Williams’ failure to maintain the statutorily mandated workers’ compensation insurance precludes coverage under the plain reading of the unambiguous policy exclusion.
