McIntyre v. Progressive American Insurance Co.

District Court of Appeal of Florida

McIntyre v. Progressive American Insurance Co.

563 So. 2d 819, 1990 Fla. App. LEXIS 4712, 1990 WL 91864

District Court of Appeal of Florida·Decided July 5, 1990·No. No. 89-2543·Published

Opinion

ORFINGER, M., Associate Judge.

We affirm the summary final judgment appealed from which determined that there was no insurance coverage for the accident upon which the suit was based, because the insurance policy clearly excluded coverage “for any claim arising from an accident or loss which occurs while [the] insured car is being driven ... by ... David W. Wilson” who was driving the car when it collided with the vehicle in which appellant was a passenger. So long as no public policy is violated (and we find no such violation here) an insurer has a right to decide which risks it will and which it will not insure against. United States Aviation Underwriters, Inc. v. Sunray Airline, Inc., 543 So.2d 1309 (Fla. 5th DCA 1989).

AFFIRMED.

W. SHARP and COWART, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ORFINGER, M., Associate Judge.

We affirm the summary final judgment appealed from which determined that there was no insurance coverage for the accident upon which the suit was based, because the insurance policy clearly excluded coverage “for any claim arising from an accident or loss which occurs while [the] insured car is being driven ... by ... David W. Wilson” who was driving the car when it collided with the vehicle in which appellant was a passenger. So long as no public policy is violated (and we find no such violation here) an insurer has a right to decide which risks it will and which it will not insure against. United States Aviation Underwriters, Inc. v. Sunray Airline, Inc., 543 So.2d 1309 (Fla. 5th DCA 1989).

AFFIRMED.

W. SHARP and COWART, JJ., concur.

McIntyre v. Progressive American Insurance Co., 563 So. 2d 819, 1990 Fla. App. LEXIS 4712, 1990 WL 91864 (Fla. Ct. App. 1990).

Pincite

563 So. 2d 819 (McIntyre v. Progressive American Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related