Remus v. Scottsdale Insurance Co.

District Court of Appeal of Florida

Remus v. Scottsdale Insurance Co.

843 So. 2d 349, 2003 Fla. App. LEXIS 5678, 2003 WL 1916810

District Court of Appeal of Florida·Decided April 23, 2003·No. No. 3D02-2220·Published

Opinion

SCHWARTZ, Chief Judge.

Upon the holding that there was no coverage as a matter of law because the failure of the defendant-insured to secure worker’s compensation coverage, which was the basis of its asserted liability to the personal injury plaintiff, was not an “occurrence” as required by its liability policy, the summary judgment in favor of the insurer is affirmed. See American States Ins. Co. v. Pioneer Elec. Co., 85 F.Supp.2d 1337 (S.D.Fla.2000); Stein-Brief Group, Inc. v. Home Indem. Co., 65 Cal.App.4th 364, 76 Cal.Rptr.2d 3 (1998); Reliance Ins. Co. v. Nick J. Giannini, Inc., 158 Ill.App.3d 657, 110 Ill.Dec. 578, 511 N.E.2d 755 (1987), appeal denied, 117 Ill.2d 553, 115 Ill.Dec. 409, 517 N.E.2d 1095 (1987). See generally Humana Worker’s Compensation Services v. Home Emergency Services, Inc., 842 So.2d 778 (Fla. 2003).

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SCHWARTZ, Chief Judge.

Upon the holding that there was no coverage as a matter of law because the failure of the defendant-insured to secure worker’s compensation coverage, which was the basis of its asserted liability to the personal injury plaintiff, was not an “occurrence” as required by its liability policy, the summary judgment in favor of the insurer is affirmed. See American States Ins. Co. v. Pioneer Elec. Co., 85 F.Supp.2d 1337 (S.D.Fla.2000); Stein-Brief Group, Inc. v. Home Indem. Co., 65 Cal.App.4th 364, 76 Cal.Rptr.2d 3 (1998); Reliance Ins. Co. v. Nick J. Giannini, Inc., 158 Ill.App.3d 657, 110 Ill.Dec. 578, 511 N.E.2d 755 (1987), appeal denied, 117 Ill.2d 553, 115 Ill.Dec. 409, 517 N.E.2d 1095 (1987). See generally Humana Worker’s Compensation Services v. Home Emergency Services, Inc., 842 So.2d 778 (Fla. 2003).

Remus v. Scottsdale Insurance Co., 843 So. 2d 349, 2003 Fla. App. LEXIS 5678, 2003 WL 1916810 (Fla. Ct. App. 2003).

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