15 Fla. L. Weekly Supp. 1071a
Insurance — Commercial vehicle — Coverage — Insurer has no duty to defend or indemnify employer from claims brought by estate of employee who died as result of accident on employer’s property where employee qualified as insured under commercial vehicle policy that excluded coverage for bodily injury to employer or insured
MERCURY INSURANCE GROUP, Plaintiff, vs. GRAMLING TRANSPORT, INC., A Florida Corporation, SHEILA DARLENE GREEN, as the Personal Representative of the Estate of THOMAS GREEN, Deceased, Defendants. Circuit Court, 6th Judicial Circuit in and for Pasco County, Civil Division. Case No. 51-2006-CA-002158-WS. March 6, 2008. Stanley R. Mills, Judge. Counsel: Christopher J. Nicholas, Butler Pappas Weihmuller Katz Craig LLP, Tallahassee. Randall J. Love. Matthew Noyes. Kevin K. Kapusta.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on the Motion for Summary Judgment filed by the Plaintiff, MERCURY INSURANCE GROUP (“Mercury”). The Court, having reviewed the pleadings, the evidence filed of record, entertained argument of counsel, and being otherwise duly advised on the premises, the Court makes the following findings:
1. Mercury issued a commercial vehicle insurance policy (“the policy”) to the Defendant, Gramling Transport, Inc. (“Gramling”); a copy of this policy has been filed with the Court.
2. On or about June 9, 2005 Thomas Green died as a result of an accident while on Gramling’s property; the policy was in effect on the date of this accident.
3. Under the policy, Thomas Green was a listed driver on the Declarations Page. Furthermore, the 1989 Montane Trailer, serial number 1M932CR24KD003456, and the 1991 GMC Tractor, serial number 4V1DBRE8MR808747, involved in the accident were also listed vehicles on the policy.
4. The accident resulted in a wrongful death lawsuit filed by the Defendant, SHEILA DARLENE GREEN, as the Personal Representative of the Estate of THOMAS GREEN, against the Defendant Gramling.
5. Under Part I of the policy entitled LIABILITY TO OTHERS, there are various exclusions to coverage, including exclusion 15, which provides in relevant part:
EXCLUSIONS — READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EXCLUSION APPLIES, AN INSURED WILL NOT HAVE COVERAGE FOR A LOSS THAT OTHERWISE WOULD BE COVERED UNDER THIS PART I — LIABILITY TO OTHERS.
Coverage under this PART I and our duty to defend does not apply to:
. . .
15. Bodily injury to you or an insured.
6. THOMAS GREEN qualified as an insured under Gramling’s insurance policy with Mercury.
7. As a result, exclusion 15 of the policy precludes coverage for any claims of THOMAS GREEN or the Estate of THOMAS GREEN. It is therefore,
ORDERED and ADJUDGED that Plaintiff’s motion is hereby GRANTED as against all Defendants. Mercury has no duty to defend or indemnify Defendant, GRAMLING TRANSPORT, INC. for the claims brought by SHEILA DARLENE GREEN, as the Personal Representative of the Estate of THOMAS GREEN arising out of the accident which took place on or about June 9, 2005.
