Lopez v. Geico General Insurance Co.

196 F. Supp. 3d 1270, 2016 U.S. Dist. LEXIS 125557, 2016 WL 4718155
CourtDistrict Court, M.D. Florida
DecidedJuly 22, 2016
DocketCase No.: 8:15-cv-349-MSS-MAP
StatusPublished
Cited by1 cases

This text of 196 F. Supp. 3d 1270 (Lopez v. Geico General Insurance Co.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. Geico General Insurance Co., 196 F. Supp. 3d 1270, 2016 U.S. Dist. LEXIS 125557, 2016 WL 4718155 (M.D. Fla. 2016).

Opinion

ORDER

MARY S. SORIVEN, UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court for consideration of Defendant’s Motion for Final Summary Judgment (Dkt. 24), Plaintiffs response in opposition thereto (Dkt. 30), Plaintiffs Motion for Summary Judgment as to Count I (Dkt. 25), Defendant’s response in' opposition thereto (Dkt. 29), and Plaintiffs reply in support of her motion for summary judgment. (Dkt. 33) Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Defendant’s motion and DENIES Plaintiffs motion.

I. BACKGROUND

A. Factual History

This action arises from an underlying negligence suit in the Circuit Court of the Thirteenth Judicial Circuit in and for Hills-borough County, Florida. (Dkt. 28 at ¶ 1) In that underlying action, entitled Sheryl Lopez v. Timothy Montoya, et al., Case No. 14-CA-7348, Div. C, Plaintiff Sheryl Lopez sued Timothy Montoya for negligence as the result of an automobile collision that occurred on April 22, 2014. (Id. at ¶ 2) Montoya was insured by Defendant GEICO General Insurance Company, which issued policy Number 4259-90-94-81 to insure his 2009 Volkswagen Passat. (Id. at ¶ 5)

At the time of the collision, Montoya was not driving the Passat. Instead, he was operating a 2003 Suzuki Vitara owned by his girlfriend, Alexandra Medina. (Id. at ¶¶ 3, 14) Medina and Montoya reside to[1273]*1273gether but are not married. (Id at ¶ 16) The title to the Vitara was solely in Medina’s name. (Id. at ¶ 15) In October 2012, shortly after Montoya moved into Medina’s residence, he added the Vitara to his GEI-CO policy. (Dkt. 24-3 at 12)

In April 2013, Montoya and Medina purchased a 2012 Chevrolet Impala. (Dkt. 28 at ¶ 18) From April 2013 until December 7, 2013, both thé Vitara and the Impala were insured under the Policy. (Dkt. 24-2 at 6) However, as months passed, the Vitara sat unused im the couple’s driveway. (Id. at 7) Medina had initially planned to gift the Vitara to her son, but subsequently decided against it and had no further intention of using the Vitara. (Id. at 7-9) Montoya therefore suggested that they drop the Vitara from the Policy to save money. (Id. at 23) On December 7, 2013, he called GEICO to request that the Vitara be removed from the Policy. (Id. at 8) On that same day, GEICO issued a new declarations page that listed the Passat and the Impala as the only covered vehicles. (Dkt. 24-3) In a section entitled “Important Policy Information,” the declarations page stated: “The 2003 Vitara has been deleted from your policy.” (Id.)

Although Montoya and Medina removed the Vitara from the Policy, it was fully operable and they continued to keep it parked on their property. (Dkt. 28 at ¶ 19) On several occasions when Montoya’s Pas-sat was in the shop for repairs, Medina gave him permission to use the Vitara. (Dkt. 24-2 at 7) Montoya was driving the Vitara with Medina’s permission on the date of the collision. (Dkt. 28 at ¶ 17)

Following the April 2014 collision, Montoya submitted a timely claim to GEICO. (Id. at ¶ 7) In a May 8, 2014 letter addressed to Medina, GEICO denied coverage for the collision, stating, “This denial is made because the 2003 Vitara was not a listed vehicle on the policy and does not meet the definition of a non-owned vehi-ele.” (Dkt. 24-3 at 19) After subsequently receiving -a copy of the complaint in the underlying action, GEICO sent Medina another letter denying coverage on August 29, 2014. (Id at 21) That letter stated, “[o]ur investigation revealed that we are unable to extend coverage under Timothy Montoya’s policy for the above-captioned loss because the vehicle involved does not meet the definition of an owned, non-owned, or temporary substitute vehicle. The 2003 Vitara was removed from the policy per your request, effective December'?, 2013.” (W.)

On November 20, 2014, Lopez and Montoya executed a Joint Stipulation and Assignment of Claims- to resolve the negligence action. (Dkt. 28 at ¶ 12) Final Judgment was entered in favor of Lopez and against Montoya in the principal amount of $485,000.00. (Id. at ¶ 13)

B. Procedural History

Lopez, as Montoya’s assignee, filed this action on January 27, 2015 in the Circuit Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. GEICO removed the action to federal court on February 19, 2015. In her Complaint, Lopez asserts two counts, one for declaratory relief seeking coverage for the collision and another seeking damages for breach of contract based on GEICO’S denial of coverage. Upon the joint motion of the parties, the Court bifurcated the two counts, staying the breach of contract/damages claim pending the determination of the liability claim, which is now before the Court on the parties’ cross-motions for summary judgment.

II. LEGAL STANDARD

Summary judgment is appropriate when the movant can show that there is no genuine issue of material fact and that the movant is entitled to judgment as [1274]*1274a matter of law. Fennell v. Gilstrap, 559 F.3d 1212, 1216 (11th Cir.2009) (citing Welding Servs., Inc. v. Forman, 509 F.3d 1351, 1356 (11th Cir.2007)). Which facts are material depends on the substantive law applicable to the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party bears the burden of showing that no genuine issue of material fact exists. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). Evidence is reviewed in the light most favorable to the non-moving party. Fennell, 559 F.3d at 1216.

A moving party discharges its burden by showing there is an absence of evidence to support the non-moving party’s case. Dietz v. Smithkline Beecham Corp., 598 F.3d 812, 815 (11th Cir.2010). When a moving party has discharged its burden, the non-moving party must then go beyond the pleadings, and by its own affidavits, or by depositions, answers to interrogatories, and admissions on file, designate specific facts showing there is a genuine issue for trial. Porter v. Ray, 461 F.3d 1315, 1321 (11th Cir.2006). The party opposing a motion for summary judgment must rely on more than conclusory statements or allegations unsupported by facts. Evers v. Gen. Motors Corp., 770 F.2d 984, 986 (11th Cir.1985) (“conclusory allegations without specific supporting facts have no probative value.”). Any such proffered evidence must be subject to being reduced to admissible evidence at trial. Denney v. City of Albany, 247 F.3d 1172, 1190 n.10 (11th Cir.2001) (“In considering a summary judgment motion, a court may only consider evidence that is admissible or that could be presented in an admissible form.”). Abject hearsay cannot be offered to meet the required evidentiary showing. If material issues of fact exist that would not allow the Court to resolve an issue as a matter of law, the Court must not decide them, but rather, must deny the motion and proceed to trial.

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196 F. Supp. 3d 1270, 2016 U.S. Dist. LEXIS 125557, 2016 WL 4718155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-geico-general-insurance-co-flmd-2016.