2001

26 Fla. L. Weekly D88b

Insurance — Uninsured motorist — Where policy provided UM coverage for bodily injury sustained while occupying or getting into or out of vehicle that was covered by liability portion of policy, and liability portion of policy specifically excluded coverage where a covered vehicle was pulling a trailer with a load capacity in excess of 2000 pounds, trial court erred in finding that plaintiff, a class II insured, was covered for injuries sustained in collision between uninsured vehicle and covered vehicle at a time when covered vehicle was towing a trailer with load capacity of 10,000 pounds — Because liability policy specifically excluded coverage where covered vehicle was pulling an excluded trailer, concomitant exclusion from UM coverage did not violate principle that policy’s uninsured motorist coverage may not be more narrowly drawn than liability coverage provisions — Fact that accident involved collision with truck cab, and trailer played no part in accident, not relevant

26 Fla. L. Weekly D1835a

Insurance — Uninsured motorist — Coverage and exclusionary sections of policy unambiguously excluded coverage for injuries sustained by insured while occupying a vehicle not named in policy and owned by resident relative — Coverage was not available under nonstacked UM coverage provisions, which permit insured when injured while occupying a vehicle other than a covered vehicle to elect between the policy covering the uninsured vehicle and the instant policy, since election clause only applies if coverage is otherwise available, and there was no coverage under insured’s UM provisions — Exclusions at issue are authorized exclusions under section 627.727(9), Florida Statutes — No error in entering summary judgment in favor of insurer

26 Fla. L. Weekly D1559a

Insurance — Life — Exclusions — Loss incurred while under influence of alcohol — Where insured and a friend had been at bar for most of the night and were driving home when automobile accident which ultimately resulted in insured’s death occurred, insured was driving because friend “felt too intoxicated to drive,” insured admitted to paramedic that he caused the accident, attributing it to his having fallen asleep while he was driving, paramedic noted the distinct smell of alcohol on insured’s breath, and blood-alcohol test result of .189 confirmed that insured had been driving while under the influence, insurer carried its burden of showing causal relationship between death and intoxication, whether insured fell asleep as result of fatigue or the effects of alcohol — Error to award proceeds of life insurance policy to beneficiary — Conflict certified

26 Fla. L. Weekly D1457c

Insurance — Liability — Exclusions — Liability between or among members of insured’s family — Trial court properly rendered final summary judgment in insurer’s favor in declaratory judgment action seeking determination that liability policy did not cover insured’s liability for injuries suffered by his adult son in a boating accident — Exclusion was not ambiguous with regard to whether “members of your family” applied to family members who did not reside with insured

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

26 Fla. L. Weekly D1067a

Insurance — Medical — Trial court properly entered summary judgment finding that policy did not afford coverage for treatment rendered after policy expired where policy excluded “claims and costs for medical treatment incurred after expiration date of policy, resulting from accidents or illnesses during the policy period, unless the policy has been renewed” — Court must give effect to clear and unambiguous language in policy

26 Fla. L. Weekly D15a

Insurance — Health — Exclusions — Preexisting conditions — Insurer’s denial of coverage for kidney failure was timely, regardless of whether litigation was initiated within two-year incontestability period, where insured’s condition preceded policy’s inception date and was not listed on application, and claimed loss occurred within two years of policy’s inception — With regard to contention that insurer had knowledge of insured’s condition, preventing it from denying coverage, record is clear that insurer did not become aware of insured’s misstatements until policy was issued and insured made claim — Supreme court ruling that insured’s truthful answers on insurance application, according to best of his “knowledge and beliefs” were not misstatements within meaning of statute and did not provide grounds for rescission of policy did not turn on whether insured’s medical problems constituted preexisting conditions — Insured’s kidney failure was clearly preexisting condition under policy terms — Prior hospitalization rider did not waive coverage exclusion based on preexisting conditions — Policy clearly defines preexisting conditions as those for which medical advice or treatment was advised by or received from physician within five-year period prior to effective date of coverage, and insured’s failure to list kidney failure on application does not make this definition ambiguous — Loss which occurred within six months of policy’s inception was not covered where loss was due to preexisting condition which was not listed in application

26 Fla. L. Weekly D255c

Insurance — Health — Exclusions — Provision excluding benefits for, “a condition resulting from you being drunk or under the influence of any narcotic unless taken on the advice of a physician,” did not exclude coverage for medical expenses insured incurred after insured was hit by a vehicle at a time when she was inebriated — Provision did not exclude coverage for injuries indirectly caused by intoxication

26 Fla. L. Weekly D2801a

Insurance — Homeowners — Where plaintiffs and their adult son were the named insureds on a mobile homeowners insurance policy, trial court erred in entering summary judgment for insurer on plaintiffs’ claim for fire damage to mobile home on ground that fire was result of arson committed by plaintiff’s son, because there was genuine issue of fact as to who started fire — No merit to claim that trial court erred in granting summary judgment for defendant when defendant did not file motion for summary judgment — No merit to claim that trial court erred in failing to exempt plaintiffs from exclusionary clause of policy because it did not recognize their status as innocent co-insureds

26 Fla. L. Weekly D1739b

Insurance — Uninsured motorist coverage — Action seeking declaration of insured’s rights under uninsured motorist policy for injuries sustained when she was hit by automobile while riding on motorcycle driven by uninsured motorist — Trial court correctly granted summary judgment against insured on basis of equitable estoppel where insured sued automobile driver on theory that automobile driver was only negligent party and then changed theory in declaratory action against uninsured motorist insurer to claim that motorcycle driver was concurring cause of her injuries — Uninsured motorist carrier was prejudiced because it had no subrogation rights against automobile driver after insured’s settlement of suit against driver