Brown v. Travelers Ins. Co.

641 So. 2d 916, 1994 WL 386506
CourtDistrict Court of Appeal of Florida
DecidedJuly 27, 1994
Docket92-3149, 93-0923
StatusPublished
Cited by4 cases

This text of 641 So. 2d 916 (Brown v. Travelers Ins. Co.) 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
Brown v. Travelers Ins. Co., 641 So. 2d 916, 1994 WL 386506 (Fla. Ct. App. 1994).

Opinion

641 So.2d 916 (1994)

Willie BROWN, Appellant/Cross-Appellee,
v.
The TRAVELERS INSURANCE COMPANY, Appellee/Cross-Appellant.

Nos. 92-3149, 93-0923.

District Court of Appeal of Florida, Fourth District.

July 27, 1994.
Rehearing, Rehearing and Clarification Denied September 16, 1994.

Basil E. Dalack of Saylor & Gwynn, West Palm Beach, for appellant/cross-appellee.

Hinda Klein of Conroy, Simberg & Lewis, P.A., Hollywood, for appellee/cross-appellant.

Rehearing, Rehearing En Banc and Clarification Denied September 16, 1994.

FARMER, Judge.

This appeal brings us the question whether a homeowner's fire insurance carrier may avoid coverage under an intentional acts exclusion for a fire loss caused by an insane insured. We hold under fairly old precedent from this court that the carrier may not so avoid coverage and that a more recent supreme court decision has not overruled our own.

The facts are straightforward and uncomplicated. It was undisputed that the insured himself set his own house on fire. His rage was sparked by his belief that his sister was plotting to steal his property. He was arrested, charged with arson, and upon being found initially incompetent was placed in a mental health institution. After a time, he was found fit to stand trial and released. A *917 jury found him not guilty by reason of insanity on the criminal charges.

A few days after the blaze, Travelers was given notice of the loss and began processing a claim. While the insured was in the mental health facility, Travelers corresponded with him numerous times requesting that he complete its standard proof of loss and claim forms and that he submit to an oral examination under oath. After his release from the institution, he voluntarily appeared with counsel at a scheduled examination but refused to answer questions, asserting his fifth amendment privilege against self incrimination while the criminal charges were still pending.

Later he filed the present action seeking a declaratory judgment on the coverage question. In the first count of the complaint he sought a declaration that he was insane when he set the fire and that the delay in providing proof of loss caused by his condition did not adversely affect his right to recover for the losses from the fire. In the second count, he sought a protective order against an oral examination regarding the nature and origins of the fire, to the extent that answers to questions on these subjects could incriminate him in the then pending criminal case.

This case was tried to a jury. At the close of the evidence, Travelers moved for a directed verdict on the basis that, even if the insured were found to be insane on the evening in question, the resulting loss from his conduct could not be considered accidental under Florida law. The court reserved ruling on that motion. The jury was given a special interrogatory verdict that asked: (1) whether the insured was insane when he set the fire; and (2) whether the insured failed to comply with the material terms of the policy resulting in prejudice to Travelers. The jury answered the first question "Yes," and the second question "No."

Travelers filed a post trial motion for new trial and for judgment on its prior motion for directed verdict, arguing three grounds: (A) that the finding of insanity was not supported by evidence; (B) that the losses were the result of the insured's intentional acts; and (C) that the evidence established that the insured had failed to comply with conditions precedent to recovery under the policy. The trial court granted the motion in part, concluding that the intentional acts exclusion precluded coverage for the fire loss. We disagree and reverse.

We begin, of course, with the text of the policy, for that is where any decision as to the rights and liabilities of the parties to an insurance contract must find its base. The policy is divided into two sections; section I provides "Property Insurance," and section II provides "Liability Insurance." Under section I, there are four separate coverages, entitled: "Coverage A — Dwelling", "Coverage B — Other Structures", "Coverage C — Personal Property", and "Coverage D — Additional Expenses".[1] Under section II, there are two separate coverages entitled "Coverage N — Personal Liability", and "Coverage O — Medical Payments".

There are two applicable insuring clauses under section I. The first pertinent provision states:

"Coverage A — Dwelling
"We cover the dwelling, including structures attached to the dwelling, on the insured premises. We also cover materials on or adjacent to the insured premises for use in building, altering or repairing the dwelling or other structures." [e.o.]

The second pertinent insuring clause states:

"Covered Perils
We cover the property described under Coverages A, B and C for direct loss caused by any of the following perils, subject to the exclusions on page 10:
1. fire and lightning." [e.o.]

*918 Beginning on page 10 there is the subheading, "Section I — General Exclusions", followed by a three-page listing of 18 expressed exclusions; there is no provision relating to intentional acts of the insured.

The insuring clause in section II states the following:

"Coverage N — Personal Liability
"We will pay damages for which the insured becomes legally responsible to others because of bodily injury or property damage to which this coverage applies." * * * [e.o.]

That is later succeeded by a subheading, providing in relevant part:

"Coverage N Exclusions
"This insurance does not cover certain situations.
"1. It does not cover property damage to the insured's own property. * * *
"2. It does not cover property damage to property rented to, occupied or used by, or in the care of the insured. However, it does cover property damage when caused by fire, smoke or explosion." [e.o.]

As in the case of section I, the coverage N exclusions do not contain any intentional acts provisions, however. Even later in this section, there is the following provision in a subheading accompanied in part by the following text:

"Section II — General Exclusions
"These exclusions apply to all coverages. They are in addition to those listed under Coverages N and O. Other exclusions or limitations may be found where they apply to a specific coverage. This insurance does not cover certain situations.
"1. It does not cover bodily injury or property damage expected or intended by an insured." [e.o.]

Travelers contends, and the trial court found, that this last provision avoids the insured's claim.

Travelers argues that the words, "[t]hese exclusions apply to all coverages," mean that the intentional acts exclusion contained under that subheading in section II applies to all coverages contained in the policy; therefore the insured's fire loss is excluded from coverage under section I because it is one of the coverages embraced in the words "all coverages." This argument invites us to erase all context, exclude all headings and sub-headings, ignore contrary provisions, and limit our attention to only the words Travelers selects to make its case. We are simply unable to do what Travelers suggests.

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Bluebook (online)
641 So. 2d 916, 1994 WL 386506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-travelers-ins-co-fladistctapp-1994.