Laboss Transportation Services, Inc. v. Global Liberty Insurance Co. of New York

208 F. Supp. 3d 1268, 2016 U.S. Dist. LEXIS 130500, 2016 WL 5338077
CourtDistrict Court, S.D. Florida
DecidedSeptember 23, 2016
DocketCASE NO. 14-cv-62517-CV-GAYLES
StatusPublished
Cited by5 cases

This text of 208 F. Supp. 3d 1268 (Laboss Transportation Services, Inc. v. Global Liberty Insurance Co. of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laboss Transportation Services, Inc. v. Global Liberty Insurance Co. of New York, 208 F. Supp. 3d 1268, 2016 U.S. Dist. LEXIS 130500, 2016 WL 5338077 (S.D. Fla. 2016).

Opinion

ORDER

DARRIN P. GAYLES, UNITED STATES DISTRICT JUDGE

THIS CAUSE came before the Court upon Plaintiff Laboss Transportation Services, Inc.’s Motion for Summary Judgment [ECF No. 87]. The Court has reviewed the Motion, Defendant’s Response [ECF No. 93], the record, and the applicable law. For the reasons stated below, the Motion is granted.

This Motion follows the Court’s Order denying Defendant Global Liberty Insurance Company’s Motion for Summary Judgment, entered on May 26, 2016 [ECF No. 84], Laboss Transp. Servs., Inc. v. Glob. Liberty Ins. Co. of New York, No. 188 F.Supp.3d 1320, 2016 WL 3017213 (S.D. Fla. May 26, 2016). Because the issues presented by this Motion are essentially identical to those previously addressed by the Court, the Court accordingly adopts the reasoning and analysis of the previous Order while addressing any new arguments presented by the parties.

[1272]*1272I. FACTUAL BACKGROUND

This is an action for declaratory decree seeking to establish the rights and obligations of the parties under a commercial automobile insurance policy, number FHP 0725551-0 (“Policy”), issued by Defendant Global Liberty Insurance Company of New York (“Global”) to Plaintiff Laboss Transportation Services, Inc. (“Laboss”). The Policy was in effect from March 12, 2014, through March 12, 2015. Specifically, Laboss seeks liability insurance coverage for injuries and damage to passenger William Wilson, whose wheelchair flipped backwards within Laboss’s van as the van departed from a red light on March 17, 2014. The parties agree that the issues present a pure legal question and that the facts are essentially undisputed. [ECF No. 87 at 1]; [ECF No. 93 at l].1

Laboss is a Florida company engaged in the non-emergency transportation of clients to and from hospitals, clinics, and homes. On or before March 12, 2014, La-boss, through its insurance agent Lucy Singer, applied for a business automobile policy with Global. In the application, La-boss listed seven drivers, including Errol Ward, the driver of the van in which Wilson was injured. Along with the application, Laboss’s insurance agent submitted driving records for the listed drivers. Global concluded that Ward was not an eligible driver under the proposed policy based on his driving record, including a suspension with at least one accident within three years. Global informed Singer that the policy would not be issued with Ward as a driver. That same day, Singer resubmitted Laboss’s application, this time with Ward’s name crossed out—meaning that Ward was no longer submitted as a listed driver for Laboss. Relying on the representations in the application, Global issued the Policy to Laboss effective that same day, March 12, 2014.

On March 13, 2014, Ward cleared his driver license suspension and had his driving privileges reinstated. He subsequently resumed driving patients for Laboss, although he had not yet been added as a listed driver to the Policy. Laboss asserts that it advised Singer on March 14, 2014, that Ward’s license had been reinstated and requested that he be added to the Global policy three days prior to Wilson’s accident. However, Singer did not formally request that Global add Ward to the policy until after Wilson’s accident.

On March 17, 2014, Ward was driving Wilson, a Laboss client, in a van—a “covered auto” under the Policy—when Wilson’s wheelchair flipped backwards as Ward accelerated the van from a stop at a red light at the intersection of 1-95 and Sheridan Street in Hollywood, Florida. Prior to the accident, Ward had fastened Wilson’s wheelchair into the van using the Q’Straint system for which he had previously received training. The following day, Singer requested that Global include Ward on Laboss’s policy, though she did not reveal the March 17 accident to Global. That same day, Global issued an endorsement accepting Ward as a driver on the Laboss policy.

Later that week and the following week, both Wilson’s attorney and Laboss gave notice to Global of Wilson’s accident. After investigating the claim, Global determined that there was no coverage under the Policy because “there was no automobile accident” and that the claimed loss was “not a [1273]*1273covered event.” [ECF No. 28-1 at 68].2 Global never rescinded or canceled La-boss’s Policy, nor did it return any portion of the premium paid for the Policy. In fact, Global renewed the Policy for the subsequent-policy period beginning on March 12, 2015, knowing that Ward was one of Laboss’s drivers. The Policy was subsequently canceled in May 2015.

II. THE POLICY

The relevant provisions of the Policy provide as follows:

Coverage
SECTION II—LIABILITY' COVERAGE
A. Coverage
We will pay all sums an “insured” legally must pay as damages because of “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from the ownership, maintenance or use of a covered “auto.”
[...]
1. Who Is An Insured
The following are “insureds”:
a. You for any covered “auto”.
b. Anyone else while using with your permission a covered “auto” [... ]
[ECF No. 29-1 at 32] (emphasis added).
Definitions
A. “Accident” includes continuous or repeated exposure to the same conditions resulting in “bodily injury” or “property damage”.3
[Id. at 40],
Exclusions
B. Exclusions
This insurance does not apply to any of the following:
1. Expected Or Intended Injury
“Bodily injury” or “property damage” expected or intended from the standpoint of the “insured”.
[Id. at 33].
This insurance does not apply to:
1. “Bodily injury” resulting from the providing or the failure to provide any medical or other professional services.4 [Id. at 48].

III. LEGAL STANDARD

“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.- 56(a). “By its very terms, this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 [1274]*1274L.Ed.2d 202 (1986).

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208 F. Supp. 3d 1268, 2016 U.S. Dist. LEXIS 130500, 2016 WL 5338077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laboss-transportation-services-inc-v-global-liberty-insurance-co-of-new-flsd-2016.