New Amsterdam Casualty Company v. Addison

169 So. 2d 877
CourtDistrict Court of Appeal of Florida
DecidedOctober 21, 1964
Docket4096, 4102
StatusPublished
Cited by50 cases

This text of 169 So. 2d 877 (New Amsterdam Casualty Company v. Addison) 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
New Amsterdam Casualty Company v. Addison, 169 So. 2d 877 (Fla. Ct. App. 1964).

Opinion

169 So.2d 877 (1964)

NEW AMSTERDAM CASUALTY COMPANY, an insurance company, Appellant,
v.
Richard M. ADDISON, d/b/a Addison Electric Company, Appellee.

Nos. 4096, 4102.

District Court of Appeal of Florida. Second District.

October 21, 1964.
Rehearing Denied November 25, 1964.

*878 Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellant.

Howard M. Duncanson, Hollywood, for appellee.

KANNER, Judge (Ret.).

The objective sought to be accomplished here by appellant, New Amsterdam Casualty Company, defendant below, is reversal of the declaratory decision in favor of plaintiff-appellee, Richard M. Addison, ordering that the insurer was responsible for defending of any claim "arising out of Division 1 of the policy, and any judgment growing out thereof, although work may have been completed, it being contemplated that the policy should cover any negligent work that might have been performed by the plaintiff in the operation of its business covered by the said policy." The matter appeared first in this court through appellant's notice of interlocutory appeal, followed shortly thereafter by its filing of an appeal from the same order, designating it as a final decree.

Another suit had been instituted against appellee by a third party for personal injuries claimed to have resulted from discharge of an electrical current from an uninsulated section of wire in a swimming pool where the third party was swimming and upon which appellee had performed services as an electrical contractor. The work of appellee had been done on June 16, *879 24, and 25, 1959; the injuries complained of were sustained on July 11, 1959, allegedly as a result of appellee's negligence in performance of the work.

The parties in this declaratory suit in chancery stipulated that "the question for determination by the Court is one of interpretation of the policy." Other matters stipulated were that the insured is engaged in the electrical contracting business and not in manufacturing; that, when appellee did the electrical work, it was finished and that appellee considered it completed, had done what he had contracted to do and considered that he had done it in a workmanlike manner, for which he was paid by the prime contractor.

Appellant poses as its appeal question, "Whether the trial court was correct in holding plaintiff was covered under Division 1 of the policy for an accident which occurred after the completion of plaintiff's operations at the scene of the injury, and plaintiff had not paid the premium for coverage under Division 4 of the policy, which division expressly provides for completed operations coverage."

Here, as below, construction of the written instrument is the crux of the judicial labor required.

In general, the policy, entitled "Schedule Manufacturers' and Contractors' Liability Policy," is divided into parts 1 and 2, part 1 being composed of printed matter, while part 2 is the declarations page.

On the declarations page, "Item 1" and "Item 2" contain typed insertions identifying the policy by number and by the insured's name and individual data. The policy period is stated as being from January 1, 1959, to January 1, 1960. The business of the insured is specified as that of an electrician.

Item 3 comprises the major part of the declarations page. Under this, there is the preliminary statement:

"Item 3. The insurance afforded is only with respect to such and so many of the following coverages and divisions thereunder as are indicated by specific premium charge or charges. The limit of the company's liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto."

There is then set up a schedule of coverages, with typed figures supplied to show limits of liability under appellee's coverages.

Next under item 3 of the declarations is the "Description of Hazards" setting out "Div. 1. Premises-Operations," "Div. 2. Elevators," "Div. 3. Independent Contractors," and "Div. 4. Products-Completed Operations," with columns along the right side of the page for computation of advance premiums. Hazards are described and premiums are computed and shown only under division 1, premises-operations. Division 1 of appellee's coverage reads as follows:

"Electrical Wiring — within buildings, including installation or repair of fixtures or appliances. Installation of electrical machinery or auxiliary apparatus to be separately rated.
"Electrical Apparatus Installation or Repair — Erection of Poles, stringing or wires, installation of service transformers on poles or on the outside of buildings or the making of service connections to be separately rated."

Part 1 contains four centered topics in large print, "INSURING AGREEMENTS," "DEFINITION OF HAZARDS," "EXCLUSIONS," and "CONDITIONS," covering pages 1 through 5 set up contextually in small print. With its subdivisions, references, and cross references, part 1 comprehends in excess of 80 different parts designated by topics, numerals, or letters, most of these appearing under "Exclusions" and "Conditions."

*880 Under "Definition of Hazards" appears the defining language for the divisions set out on the declarations page:

"Division 1-Premises Operations

"The ownership, maintenance or use of premises and all operations." (This is the division under which appellee was insured.)
* * * * * *

"Division 4-Products-Completed Operations

"(1) Goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, if the accident occurs after possession of such goods or prodducts has been relinquished to others by the named insured or by others trading under his name and if such accident occurs away from premises owned, rented or controlled by the named insured or on premises for which the classification stated in division 1 of Item 3 of the declarations excludes any part of the foregoing; provided, such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold.
"(2) Operations, if the accident occurs after such operations have been completed or abandoned and occurs away from premises owned, rented or controlled by the named insured; provided, operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further, the following shall not be deemed to be `operations' within the meaning of this paragraph: (a) pick-up or delivery, except from or onto a railroad car, (b) the maintenance of vehicles owned or used by or in behalf of the insured, (c) the existence of tools, uninstalled equipment and abandoned or unused materials and (d) operations for which the classification stated in division 1 of Item 3 of the declarations specifically includes completed operations."

The "Exclusions" of part 1 include paragraphs "(a)" through "(q)" preceded by the words, "This policy does not apply." Paragraph (c) reads:

"(c) under division 1 of the Definition of Hazards and under coverage C, to (1) the Independent Contractors Hazard or (2) the Products-Completed Operations Hazard."

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Bluebook (online)
169 So. 2d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-amsterdam-casualty-company-v-addison-fladistctapp-1964.