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

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1990

DocketNo. 89-2543

StatusPublished

This text of 563 So. 2d 819 (McIntyre v. Progressive American Insurance Co.) 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

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

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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.

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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.

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563 So. 2d 819, 1990 Fla. App. LEXIS 4712, 1990 WL 91864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-progressive-american-insurance-co-fladistctapp-1990.

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