Alpha Property & Casualty Insurance v. Somsap-Vongkhamsao

123 F. Supp. 3d 1342, 2015 U.S. Dist. LEXIS 108824, 2015 WL 4936233
CourtDistrict Court, M.D. Florida
DecidedAugust 18, 2015
DocketCase No. 8:14-cv-1383-T-36AEP
StatusPublished

This text of 123 F. Supp. 3d 1342 (Alpha Property & Casualty Insurance v. Somsap-Vongkhamsao) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alpha Property & Casualty Insurance v. Somsap-Vongkhamsao, 123 F. Supp. 3d 1342, 2015 U.S. Dist. LEXIS 108824, 2015 WL 4936233 (M.D. Fla. 2015).

Opinion

ORDER

CHARLENE EDWARDS HONEYWELL, District Judge.

This matter comes before the Court upon Plaintiffs Motion for Summary Judgment (Doc. 73). Defendants have failed to file any response(s) to the motion, despite being ordered to do so. See Doc. 75. Upon due consideration of Plaintiffs submissions, including the memorandum of counsel and accompanying exhibits; and for the reasons that follow, Plaintiffs Mo-, tion for Summary Judgment will be granted. :

I. PROCEDURAL BACKGROUND

Plaintiff originally filed this action for declaratory judgment on June 10, 2014. See Doc. 1. The Amended Complaint (Doc. 3) was filed on June 13, 2014 and contains a single count requesting a declaration that Plaintiff has no duty to ■ defend or indemnify Defendants Sub Somsap-Vong-khamsao or Saysanason Keovilaythong in an underlying tort action relating to a .car accident that occurred on March 28, 2010 (“the. Accident”).

Defendants Sub Somsap-Vongkhamsao (Doc. 26), Saysanason Keovilaythong (Doc. 34), Gisella De Jesus (Doc. 28), Nicole Baez (Doe. 29), Pablo Baez Arroyo (Doc. 35), Joseph Roshkowski (Doc. 30), Andrea Roshkowski (Doc. 32), Jaclyn Roshkowski (Doc. 33) and Lauren Roshkowski (Doc. 31), were each served* with the Amended Complaint between June 27, 2014 and July 14, 2014. None of the Defendants responded to the Amended Complaint and [1344]*1344Clerk’s Defaults were entered against all of them. See Docs. 61-68 and 71.

II. STATEMENT OF UNDISPUTED MATERIAL FACTS

On August 20, 2008, Chanthao Keovilay-thong completed a Florida Personal Auto Application (hereinafter “Application”) on behalf of Sub Somsap-Vongkhamsao (“Somsap-Vongkhamsao”). See Doc. 73-3. The Application listed Somsap-Vongkham-sao, Chanthao Keovilaythong and Saysana-songkham Keovilaythong as drivers. Id. Further, the Application listed one automobile, a 1992 Toyota 4Runner VIN JT3VN39W1N8042531, under the “Covered Auto Information” section. Id. Plaintiff Alpha Property & Casualty Insurance Company (“Alpha”) then issued private passenger auto policy number CCAP-ZA6126365-03 (“the Policy”) to Somsap-Vongkhamsao for a six-month term from February 24, 2010 to August 24, 2010. See Doc. 73-1 at p. 1. Under the terms of the Policy, Somsap-Vongkhamsao was listed as the named insured, and Defendant Say-sanason Keovilaythong (“Keovilaythong”) and Chanthao Keovilaythong were listed as named drivers. Id. The Policy identified the 1992 Toyota 4Runner as the only “covered auto.” Id.

On March 28, 2010, at the time of the Accident, Keovilaythong was driving Som-sap-Vongkhamsao’s 1992 Toyota Pickup Truck VIN JT4VN13D6N5091085 (hereinafter “the Pickup”), with Somsap-Vong-khamsao’s permission. Doc. 3 ¶19. The Pickup stalled in the intersection of Highway 27 North and Polo Park Boulevard East in Davenport, Florida. Id. The pickup was then struck from behind by a 2004 Chrysler driven by Gisella De Jesus (“De Jesus”). Id. ¶ 20. Nicole Baez and Pablo Baez were passengers in De Jesus’ vehicle. Id. ¶20. De Jesus’ vehicle was then struck from behind by a 2009 Pontiac driven by Joseph Roshkowski. Id. ¶ 21. Andrea Roshkowski, Jaclyn Roshkowski, and Lauren Roshkowski were passengers in the 2009 Pontiac. Id. ¶ 21.

On February 4, 2014, De Jesus filed the underlying Personal Injury Action against Somsap-Vongkhamsao, Keovilaythong, Joseph Roshkowski, and Permanent General Assurance Corporation as a result of the Accident. See Doc. 73-2.

III. STANDARD OF REVIEW

Summary judgment is appropriate only when the court is satisfied that “there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law” after reviewing the “pleadings, the discovery and disclosure materials on file, and any affidavits[.]” Fed.R.Civ.P. 56(c)(2). In determining whether a genuine issue of material fact exists, the court must consider all the evidence in the light most favorable to the nonmoving party. Shotz v. City of Plantation, Fla., 344 F.3d 1161, 1164 (11th Cir.2003).

Issues of fact are “genuine only if a reasonable jury, considering the evidence presented, could find for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is “material” if it may affect the outcome of the suit under governing law. Id. The moving party bears the initial burden of stating the basis for its motion and identifying those portions of the record demonstrating the absence of genuine issues of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Hickson Corp. v. N. Crossarm Co., 357 [1345]*1345F.3d 1256, 1259-60 (11th Cir.2004). That burden can be discharged if the moving party can show the court that there is “an absence of evidence to support the non-moving party’s case.” Celotex, 477 U.S. at 325, 106 S.Ct. 2548.

Although the instant motion for summary judgment is unopposed, the Court is obligated to ascertain whether Plaintiff is entitled to judgment on the merits. United States v. One Piece of Real Prop. Located at 5800 SW 74th Ave., Miami, Fla., 363 F.3d 1099, 1101 (11th Cir.2004).

IY. DISCUSSION

Alpha argues that it is not obligated to defend or indemnify Somsap-Vongkhamsao and Keovilaythong in the underlying litigation because the vehicle Keovilaythong was driving was not listed. as a covered vehicle under the Policy. The interpretation of an insurance policy is a question of law to be determined by the Court. Fireman’s Fund Ins. Co. v. Tropical Shipping & Constr. Co., 254 F.3d 987, 1003 (11th Cir.2011). According to the principles of contract interpretation, a court must first examine the natural and plain meaning of an insurance policy’s language. Key v. Allstate Ins. Co., 90 F.3d 1546 (11th Cir.1996). Indeed, “[u]nder Florida law, if the terms of an insurance contract are clear and unambiguous, a court must interpret the contract in accordance with its plain meaning, and unless an ambiguity exists, a court should not resort to outside evidence or the complex rules of construction to construe the contract.” Id. at 1549.

The Policy, in Part A — Liability Coverage, includes the following pertinent exclusions:

B. “We” do not provide Liability coverage for the ownership, maintenance or use of:
2. Any vehicle, other than “your covered auto,” which is:
.a. Owned by “you”; or
b. Furnished or available for “your” regular use.

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Related

Key v. Allstate Insurance Company
90 F.3d 1546 (Eleventh Circuit, 1996)
Shotz v. City of Plantation, FL
344 F.3d 1161 (Eleventh Circuit, 2003)
Hickson Corp. v. Northern Crossarm Co.
357 F.3d 1256 (Eleventh Circuit, 2004)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
FUN SPREE VACATIONS v. Orion Ins. Co.
659 So. 2d 419 (District Court of Appeal of Florida, 1995)

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Bluebook (online)
123 F. Supp. 3d 1342, 2015 U.S. Dist. LEXIS 108824, 2015 WL 4936233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alpha-property-casualty-insurance-v-somsap-vongkhamsao-flmd-2015.