Harrington v. Citizens Property Insurance Corp.

54 So. 3d 999, 2010 Fla. App. LEXIS 19116, 2010 WL 5093204
CourtDistrict Court of Appeal of Florida
DecidedDecember 15, 2010
DocketNo. 4D09-2591
StatusPublished
Cited by24 cases

This text of 54 So. 3d 999 (Harrington v. Citizens Property Insurance Corp.) 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
Harrington v. Citizens Property Insurance Corp., 54 So. 3d 999, 2010 Fla. App. LEXIS 19116, 2010 WL 5093204 (Fla. Ct. App. 2010).

Opinion

TAYLOR, J.

Bruce and Janet Harrington appeal a summary final judgment entered in favor of Citizens Property Insurance Corporation in a declaratory judgment action brought by the Harringtons to establish liability coverage under a Citizens’ policy for an accident that occurred at their residence. Because the trial court erred in interpreting the policy language, we reverse.

The Harringtons owned real property in West Palm Beach at 477 Mozart Road (“the Mozart property”), their primary residence, and at 301 Vallette Way (“the Vallette property”), their rental property, where they did not live. Citizens issued the Harringtons a homeowners insurance policy with personal liability limits of $300,000. Stuart Williams was seriously injured on the Mozart property while performing work. Williams filed a claim against the Harringtons, who, in turn, sought liability coverage under the Citizens policy. Citizens denied coverage, contending that the policy covered only the Vallette property. The Harringtons filed a complaint against Citizens, seeking declaratory relief that the Mozart property was an “insured location,” as defined by the policy; thus, the policy provided liability coverage for Williams’s accident under “Coverage L — Personal Liability” and “Coverage M — Medical Payments to Others.” The complaint further alleged breach of the insurance policy.

“Insured Location” is defined in the policy as:

a. the “residence premises”; [or]
b. the part of other premises, other structures and grounds used by you as a residence, and:
(1) which is shown in the Declarations; ....

The Harringtons moved for final summary judgment, arguing that the Mozart premises fell under the definition of “insured location,” despite Citizens’ contention that the Mozart property was not listed in the Declarations as the “residence premises.” Asserting that the Mozart property was not covered, Citizens moved for summary judgment. After a hearing, the trial court ruled that Citizens was entitled to final summary judgment as a matter of law and denied the Harringtons’ motion for summary judgment. The court stated that “it is so abundantly clear that when [Plaintiffs] walked in they were seeking insurance not on the ... Mozart Road house ... but they were seeking insurance on the [Vallette] Way property. I do not believe the policy is so ambiguous as to be required an interpretation to find that there is coverage for the worker’s injury [1001]*1001on the Mozart Way property. And the policy applies to the [Vallette] Way property in West Palm Beach. So, I’m going to deny the Plaintiffs Motion for Summary Judgment and grant the Defendant’s Motion for Summary Judgment.” The court entered its written order, finding that “[b]ased upon the pleadings, depositions, exhibits, affidavits and other matters of record in this action, there is no genuine issue of material fact. It appears from the terms and conditions of the Citizens homeowners insurance policy at issue in this matter, that there is no coverage for the claim as presented by the allegations of the Complaint in this cause.”

The Harringtons appealed, arguing that the court erred in its interpretation of the policy and that the Mozart property was covered by the policy. They contend that the Vallette property met the definition of “residence premises” and “insured location.” “The standard of review for summary judgment orders is de novo.” Sulkin v. All Fla. Pain Mgmt., Inc., 932 So.2d 485, 486 (Fla. 4th DCA 2006). Questions of insurance policy interpretation — legal questions — are subject to de novo review. Penzer v. Transp. Ins. Co., 29 So.3d 1000, 1005 (Fla.2010).

Summary judgment is proper where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000) (citing Menendez v. Palms W. Condo. Ass’n, 736 So.2d 58 (Fla. 1st DCA 1999)). Summary judgment should be granted where “ ‘the facts are so clear and undisputed that only questions of law remain.’ ” Sulkin, 932 So.2d at 486 (quoting Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 643 (Fla.1999)). Further, the record must be reviewed by the appellate court in a light most favorable to the non-moving party. Id. (citing City of Lauderhill v. Rhames, 864 So.2d 432, 434 n. 1 (Fla. 4th DCA 2003)). Florida Rule of Civil Procedure 1.510(c) (2009) provides that the parties may rely on “affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence.”

An insurance contract “ ‘must be construed in accordance with the plain language of the policy.’ ” Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 913 So.2d 528, 532 (Fla.2005) (quoting Swire Pac. Holdings, Inc. v. Zurich Ins. Co., 845 So.2d 161, 165 (Fla.2003)). The policy terms “should be given their plain and unambiguous meaning as understood by the ‘man-on-the-street.’ ” State Farm Fire & Cas. Co. v. Castillo, 829 So.2d 242, 244 (Fla. 3d DCA 2002). The Third District explained:

“A court may resort to construction of a contract of insurance only when the language of the policy in its ordinary meaning is indefinite, ambiguous or equivocal. If the language employed in the policy is clear and unambiguous, there is no occasion for construction or the exercise of a choice of interpretations. In the absence of ambiguity ... it is the function of the court to give effect to and enforce the contract as it is written.”

Id. (quoting U.S. Fire Ins. Co. v. Morejon, 338 So.2d 223, 225 (Fla. 3d DCA 1976)) (alteration in original). If the language is ambiguous, the contract should be construed in favor of the insured 1; but if it is unambiguous, it must be given effect as [1002]*1002written. Siegle v. Progressive Consumers Ins. Co., 819 So.2d 732, 735 (Fla.2002), Courts may not “ ‘rewrite contracts, add meaning that is not present, or otherwise reach results contrary to the intentions of the parties.’” State Farm Fire & Cas. Ins. Co. v. Deni Assocs. of Fla., Inc., 678 So.2d 397, 403 (Fla. 4th DCA 1996) (quoting State Farm Mut. Auto. Ins. Co. v. Pridgen, 498 So.2d 1245, 1248 (Fla.1986)).

Florida courts apply an “objective” theory of contractual intent when interpreting insurance policies, which are contracts between the insured and the carrier: “ ‘The making of a contract depends not on the agreement of two minds in one intention, but on the agreement of two sets of external signs—not the parties having meant the same thing but on their having said the same thing.’ ” Id. at 400 (quoting Gendzier v. Bielecki, 97 So.2d 604, 608 (Fla.1957)) (internal quotations omitted). Thus, meaning is derived from the parties’ unambiguous language, not from their subjective understandings. Id. Here, when the court stated that “it is so abundantly clear that when [Plaintiffs] walked in they were seeking insurance not on the ... Mozart Road house ... but they were seeking insurance on the [Vallette] Way property,” the court appeared to have been considering the parties’ subjective intent, rather than applying an objective interpretation of the policy language.

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Cite This Page — Counsel Stack

Bluebook (online)
54 So. 3d 999, 2010 Fla. App. LEXIS 19116, 2010 WL 5093204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-citizens-property-insurance-corp-fladistctapp-2010.