Geico General Insurance Co. v. Rodriguez

155 So. 3d 1163, 2014 Fla. App. LEXIS 14100
CourtDistrict Court of Appeal of Florida
DecidedSeptember 10, 2014
Docket12-0506 & 11-2905
StatusPublished
Cited by6 cases

This text of 155 So. 3d 1163 (Geico General Insurance Co. v. Rodriguez) 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
Geico General Insurance Co. v. Rodriguez, 155 So. 3d 1163, 2014 Fla. App. LEXIS 14100 (Fla. Ct. App. 2014).

Opinion

SCALES, J.

Geico General Insurance Company (Gei-co) appeals a Final Summary Judgment holding Geico responsible for a sanctions judgment rendered against Geico’s insured during the course of a personal injury lawsuit in which 'Geico’s insured was the defendant. Because we conclude the sanctions judgment constituted a cost charged to Geico’s insured in a covered lawsuit as contemplated in Geico’s vehicle liability policy, we affirm.

I. Relevant Factual and Procedural. Background
A. The Insurance Policy and the Accident

On November 2, 2005, Geico issued a renewal automobile liability policy for its insured, Oswaldo St. Blanchard (Blanchard). The Geico policy provided liability limits to Blanchard in the amounts of $10,000 for each claimant, with a limit of $20,000 per occurrence. Additionally, the *1165 policy covered all court costs charged to an insured in a covered lawsuit.

On December 22, 2005, Blanchard, while operating a motor vehicle covered under the Geico policy, struck pedestrians, Edel-mida and Paulino Rodriguez — Appellees here and the plaintiffs below — near the intersection of SW 72nd Street and SW 97th Avenue in Miami. At the time of the accident, Blanchard was eighty-three years old.

B. Geico’s Tender of Policy Limits and Subsequent Dispute

While Geico immediately tendered its $20,000 policy limits, a dispute arose between Geico and the Rodriguezes’ counsel .regarding indemnification of Geico for medical liens resulting from the Rodri-guezes’ medical treatment. 1

Unable to resolve this dispute, the Rod-riguezes filed a negligence action against Blanchard in March 2006. Pursuant to the policy, Geico provided defense counsel for Blanchard.

C. Blanchard Deposition and Subsequent Discovery

On March 7, 2007, approximately one year after the lawsuit was filed, the Rodri-guezes deposed Blanchard. At his deposition, Blanchard testified that, at the time of the accident, Blanchard had no physical impairments that would prevent him from being a safe driver. Blanchard also testified he had no impairments that would have affected his vision at the time of the accident.

Shortly after the March 7 deposition, medical records produced in the case indicated that, contrary to Blanchard’s deposition testimony, Blanchard was, at all times material, legally blind, had experienced significant vision problems, and had been advised by his treating physicians that he should not be driving.

D. Sanctions Motion

In April 2007, the Rodriguezes filed a motion for sanctions against Blanchard, asserting that Blanchard’s misrepresentations in his deposition constituted a fraud on the court. The Rodriguezes sought an order striking Blanchard’s pleadings. The Rodriguezes also sought, as additional sanctions, the costs and attorney fees incurred by the Rodriguezes as a result of Blanchard’s misrepresentations. 2

In August 2007, the trial court held a hearing on the Rodriguezes’ motion for sanctions, and in November 2007 entered an order detailing the significant discrepancies between Blanchard’s deposition testimony, and the contrary facts established through the Rodriguezes’ discovery. In its order, the court struck Blanchard’s pleadings and granted the Rodriguezes leave to file an amended complaint to assert a claim for punitive damages. The trial court scheduled a hearing for April 21, 2008 to determine whether the Rodri-guezes would be entitled to monetary sanctions.

E. Geico’s Purported Reservation of Rights

In December 2007, Blanchard died, and in February 2008, William Pruitt (Pruitt) was substituted into the lawsuit for *1166 Blanchard as the personal representative of Blanchard’s estate.

On April 17, 2008, just four days before the scheduled hearing on the Rodriguezes’ request for monetary sanctions, Geico sent Pruitt a reservation of rights letter (ROR). In its April 2008 ROR, Geico stated:

As a result of the conduct of Mr. Blanchard in this claim and/or during the acei-dent lawsuit, there may be no coverage under GEICO’s policy for this claim, for damages claimed in the accident lawsuit, for sanctions, and/or for fees or costs awarded in connection with sanctions.

Geico cited to the “Fraud and Misrepresentation” provision'of the “General Conditions” of the Geico policy as the basis for its purported reservation of rights.

F. Monetary Sanctions Imposed

Shortly after Geico issued its April 2008 ROR, on April 21, 2008, the trial court conducted the hearing on the Rodriguezes’ motion to recover the costs and attorney fees incurred by the Rodriguezes as a result of Blanchard’s misrepresentations. On May 13, 2008, the trial court entered an order granting the Rodriguezes’ motion and ordering Pruitt, as the personal representative of Blanchard’s estate, to pay the Rodriguezes sanctions in the amount of $22,050 for attorney fees and an additional $5,293.45 in costs.

On May 29, 2008, the trial court reduced its order into a judgment against Geico’s insured (sanctions judgment).

Shortly thereafter, on June 6, 2008, Gei-co filed a lawsuit against the estate in federal court seeking a declaration that there is no insurance coverage available to the estate because of Blanchard’s misrepresentations.

G. Estate Hires New Counsel

Pruitt (the personal representative for Blanchard’s estate) initially filed an appeal with this court of the sanctions judgment. However, after a dispute arose between Pruitt and defense counsel which Geico had provided to Pruitt, Pruitt retained new counsel and dismissed the estate’s appeal of the sanctions judgment.

Geico offered Pruitt several choices to replace defense counsel, but Pruitt insisted that Geico retract its April 2008 ROR as a condition to Pruitt allowing Geico to control the estate’s defense and agreeing to new counsel’s representation of the estate. Geico would not agree to withdraw its April 2008 ROR, and, therefore, the estate proceeded with legal counsel selected solely by Pruitt.

After the entry of the sanctions judgment, the Rodriguezes filed an amended complaint against the estate and added Geico as a party defendant. In their amended complaint, the Rodriguezes sought an order requiring Geico to pay the sanctions judgment.

Pruitt, now represented by new counsel (and obviously not counsel retained by Geico), filed a cross-claim against Geico, seeking a declaration requiring Geico to provide indemnity to the estate for the sanctions judgment.

II. Geico’s Second ROR and the Stipulated Consent Judgments

On September 5, 2008, Geico issued to Pruitt a second ROR.

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Cite This Page — Counsel Stack

Bluebook (online)
155 So. 3d 1163, 2014 Fla. App. LEXIS 14100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geico-general-insurance-co-v-rodriguez-fladistctapp-2014.