Amica Mutual Insurance Co. v. Willis

235 So. 3d 1041
CourtDistrict Court of Appeal of Florida
DecidedJanuary 17, 2018
DocketCase No. 2D16-2319
StatusPublished
Cited by1 cases

This text of 235 So. 3d 1041 (Amica Mutual Insurance Co. v. Willis) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amica Mutual Insurance Co. v. Willis, 235 So. 3d 1041 (Fla. Ct. App. 2018).

Opinion

SILBERMAN, Judge.

In September 2014, Sylvia Willis was walking on a paved pathway in Sun City Center when she was hit' by an underin-sured golf cart. Her underinsured/unin-sured motorist (UM) insurance carrier, Arnica Mutual Insurance Company, denied benefits because the golf cart was not an “uninsured motor vehicle” under a policy exclusion. Arnica and Willis took the dispute to court, and the court entered final summary judgment in favor of Willis. The court ruled that the exclusion was invalid as against the public policy requiring UM coverage to be reciprocal to its liability coverage. We affirm.

The insurance policy provides liability coverage to an “insured” which it defines as “[y]ou or any family-member for the ownership, maintenance or use of any auto or trailer.” It contains an exclusion for vehicles “designed mainly for use off public roads” with an exception for “any non-owned golf cart.” Thus, the policy provides liability coverage for -certain damages caused by an insured’s use of a non-owned golf cart.

The policy provides corresponding UM coverage for certain damages sustained by an insured or any family member that “arise out of the ownership, maintenance or use of the uninsured motor vehicle.” It contains an exclusion for vehicles ,“[d]e-signed mainly for use off public roads while not on public roads.” However, unlike the liability portion of the policy, the exclusion does not provide an exception for non-owned golf carts. Thus, the policy excludes UM coverage for damages sustained by an insured that arise out of the use of an uninsured,, non-owned golf cart while not on public roads.

The underlying action was filed by Arni-ca as a declaratory judgment action seeking a ruling regarding coverage. Willis filed a counterclaim seeking entitlement to coverage.1 Arnica maintained that, the UM exclusion for vehicles “[djesigned mainly for use off public roads while not on public roads” applied, and Willis maintained that it was. invalid as inconsistent with the policy of the UM statute as set forth in section 627.727, Florida Statutes (2014). Both parties eventually filed motions for summary judgment.'

Willis asserted that the UM exclusion was inconsistent with the statutory intent that policies provide UM coverage that is reciprocal to liability coverage. Willis argued that because her policy provided liability coverage for damages she caused while operating a non-owned golf cart, the UM provision could not exclude coverage for bodily injury she sustained from an uninsured motorist operating a non-owned golf cart. In support of her argument, Willis cited this court’s decision in Sommerville v. Allstate Insurance Co., 65 So.3d 558 (Fla. 2d DCA 2011). Arnica asserted that the' case was controlled by Carguillo v. State Farm Mutual Automobile Insurance Co., 529 So.2d 276 (Fla. 1988).

• The trial court determined that Willis was entitled to UM coverage. Among other things, the court found merit in Willis’ argument that, under Sommerville, the UM policy exclusion was invalid because there was no reciprocal limitation on liability coverage. The court entered a final judgment awarding Willis $50,000 in UM benefits. - -■

We conclude that the trial court properly relied on Sommerville to determine that the UM exclusion was invalid.2 The issue of the validity of a UM exclusion is a question of law that this court reviews de novo. Travelers Commercial Ins. Co. v. Harrington, 154 So.3d 1106, 1108 n.2 (Fla. 2014).

Section 627.727(1) states that “[n]o motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued” unless UM coverage is also provided. Furthermore, “[t]he limits of uninsured motorist coverage shall not be less than the limits of bodily injury liability insurance purchased by the named insured.” § 627.727(2). These provisions apply and protect the insured unless the insured rejects them or selects lower limits in writing. § 627.727(1).

Section 627.727(9) sets forth several limitations that may be included in UM policy provisions., “An insurance policy may contain other general conditions affecting coverage or exclusions on coverage as long as the limitations are unambiguous and ‘consistent with the purposes of the UM statute.’” Varro v. Federated Mut. Ins. Co., 854 So.2d 726, 728-29 (Fla. 2d DCA 2003) (quoting Flores v. Allstate Ins. Co., 819 So.2d 740, 745 (Fla. 2002)).

UM coverage was intended to enable an insured to receive the same recovery that would have been available had the tortfeasor been covered by an automobile liability policy that complied with the Financial Responsibility Law (FRL). Salas v. Liberty Mut. Fire Ins. Co., 272 So.2d 1, 3 (Fla. 1972); Mullis v. State Farm Auto. Ins. Co., 252 So.2d 229, 236 (Fla. 1971). Stated another way, UM coverage is intended to provide the reciprocal of liability coverage. Flores, 819 So.2d at 744; Mullis, 252 So.2d at 237-38.

“As a creature of statute rather than a matter of contemplation of the parties in creating insurance policies, the uninsured motorist protection is not susceptible to the attempts of the insurer- to limit or negate that protection.” Salas, 272 So.2d at 5. “It was enacted to provide relief to innocent persons who are injured through the negligence of an uninsured motorist; it is, not to. be ‘whittled away1 by exclusions and exceptions.” Mullis, 252 So.2d at 238; see also Flores, 819 So.2d at 745; Young v. Progressive Se. Ins. Co., 753 So.2d 80, 83 (Fla. 2000).

In Sommerville, this court applied these general principles to determine that a UM exclusion for persons occupying rented autos was invalid. 65 So.3d at 563. The insurance policy at issue provided both liability and UM coverage to “[ajnyone ‘occupying’ a covered ‘auto.’” Id. at 561. While the policy provided liability coverage for injuries the insured caused while operating a rented auto, it excluded UM coverage for injuries the insured sustained while occupying a rented auto. Id.

This court concluded that the UM exclusion was inconsistent with the policy of the UM statute by defining “covered autos” more narrowly than in the liability provision. Id. at 563. The court recognized that section 627.727(9) of the UM statute authorized certain limitations on- coverage but explained that section did not provide for the exclusion of particular insured vehicles. 65 So.3d at 562.

As in Sommerville, the insurance policy in this case contains a UM limitation that excludes particular vehicles. The policy provides liability coverage for. injuries Willis causes while operating a non-owned golf cart, but it excludes UM coverage for injuries she sustains from an.uninsured motorist operating a non-owned golf cart. However, section 627.727(9) does not provide for the exclusion of particular uninsured vehicles. By failing to. provide Willis UM coverage that is reciprocal .to its liability coverage, the, UM exclusion is inconsistent with the policy of the U.M statute. See also Mullis, 252 So.2d at 231, 238 (holding invalid a UM . exclusion for “bodily injury to an insured while occupying or through being struck by a land motor vehicle owned by the named insured or any resident- of -the same household, if such vehicle is not an ‘insured automobile’ ”).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
235 So. 3d 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amica-mutual-insurance-co-v-willis-fladistctapp-2018.