Siegle v. Progressive Consumers Ins. Co.

819 So. 2d 732, 27 Fla. L. Weekly Supp. 492, 2002 Fla. LEXIS 1097, 2002 WL 1029196
CourtSupreme Court of Florida
DecidedMay 23, 2002
DocketSC01-1219
StatusPublished
Cited by145 cases

This text of 819 So. 2d 732 (Siegle v. Progressive Consumers Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732, 27 Fla. L. Weekly Supp. 492, 2002 Fla. LEXIS 1097, 2002 WL 1029196 (Fla. 2002).

Opinion

819 So.2d 732 (2002)

Carole M. SIEGLE, Petitioner,
v.
PROGRESSIVE CONSUMERS INSURANCE COMPANY, Respondent.

No. SC01-1219.

Supreme Court of Florida.

May 23, 2002.

*733 Mike Peacock and W. Christian Hoyer of James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, FL, for Petitioner.

Francis A. Anania and Douglas H. Stein of Anania, Bandklayder, Blackwell, Baumgarten & Torricella, Miami, FL; and Barry Richard of Greenberg, Traurig, P.A., Tallahassee, FL, for Respondent.

LEWIS, J.

We have for review a decision of the Fourth District Court of Appeal on the following question, which the court certified to be of great public importance:

Does an automobile collision policy which provides that the insurer must repair or replace the damaged vehicle "with other of like kind and quality" obligate the insurer to compensate the insured in money for any diminution in market value after the insurer completes a first-rate repair which returns the vehicle to its pre-accident level of performance, appearance, and function?

Siegle v. Progressive Consumers Ins. Co., 788 So.2d 355, 362 (Fla. 4th DCA 2001). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

Facts

In 1997, the petitioner, Carole M. Siegle, was involved in an automobile accident. See Siegle, 788 So.2d at 357. At the time of the accident, she was insured by the respondent, Progressive Consumers Insurance Company ("Progressive"), under a contract of insurance containing the following provisions:

PART IV-AUTO DAMAGE COVERAGE
If you pay a specific premium for Auto Damage Coverage, we will pay for loss to your insured auto or its equipment caused by:
*734 Coverage E-Collision
Coverage D-Comprehensive
less any applicable deductibles for each separate loss.
. . . .

PAYMENT OF LOSS

We may pay the loss in money or repair or replace damaged or stolen property with other of like kind and quality.
. . . .
As used in this PART:
2. "Loss" means direct and accidental loss of or damage to your insured auto, including its equipment.
. . . .

LIMITS OF LIABILITY

Our limit of liability for loss shall not exceed the lesser of:
1. the actual cash value of the stolen or damaged property ...
2. the amount necessary to repair or replace the property with other of the like kind and quality ...
3. the amount stated in the Declarations page of this policy.

As was its option, Progressive elected to repair Siegle's car.

Despite the petitioner's complete satisfaction with the repairs,[1] she filed the instant cause of action for breach of contract seeking the recovery of the "inherent diminished value" caused to her auto by the collision. See id. at 357. Petitioner defined inherent diminished value as "the difference between the pre-loss value of the insured automobile and its value after it was repaired and returned." Citing Morrison v. Allstate Indemnity Co., No. 98-377-Civ-J-20c (M.D.Fla. Sept. 9, 1999), the trial court dismissed Petitioner's complaint with prejudice.

On appeal, the Fourth District quoted extensively from Carlton v. Trinity Universal Insurance Co., 32 S.W.3d 454 (Tex. App.2000), and stated:

We hold that where an insurer has fully, completely, and adequately "repaired or replaced the property with other of like kind and quality," any reduction in market value of the vehicle due to factors that are not subject to repair or replacement cannot be deemed a component part of the cost of repair or replacement....
Additionally, in the instant case, we find that the language of the policy simply does not obligate Progressive to both complete a quality, first-rate repair of the vehicle and pay money to the insured.... These methods for compensation for the loss are set forth in the alternative....

Siegle, 788 So.2d at 360-61. The court affirmed the trial court's dismissal of Petitioner's complaint, and also certified the above-stated question to this Court as one of great public importance.

Analysis

As this cause comes to us from a trial court order of dismissal, two important principles govern our review. First, "[w]hether a complaint is sufficient to state a cause of action is an issue of law." W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So.2d 297, 300 (Fla. 1st DCA 1999). Consequently, the ruling below is subject to de novo review. See id. Additionally, when presented with a motion to dismiss, a trial court is required to "treat the factual allegations of the complaint as true and to consider those allegations in the light most favorable to the *735 plaintiffs." Hollywood Lakes Section Civic Ass'n, Inc. v. City of Hollywood, 676 So.2d 500, 501 (Fla. 4th DCA 1996) (citing Caretta Trucking, Inc. v. Cheoy Lee Shipyards, Ltd., 647 So.2d 1028, 1030 (Fla. 4th DCA 1994)).

In furtherance of her claim, Siegle contends that the instant policy language is ambiguous, resulting in a triggering of the rule that "[a]mbiguities are interpreted liberally in favor of the insured and strictly against the insurer who prepared the policy." Prudential Property & Casualty Ins. Co. v. Swindal, 622 So.2d 467, 470 (Fla.1993). The ambiguity, Petitioner asserts, is a result of Progressive's failure to define the terms "repair," "replace," or "like kind and quality." It is well settled, however, that an insurance contract is to be construed in accordance with the plain language of the policy. See Swindal, 622 So.2d at 470; Stuyvesant Ins. Co. v. Butler, 314 So.2d 567, 570 (Fla. 1975); Poole v. Travelers Ins. Co., 130 Fla. 806, 179 So. 138, 141-42 (1937). Thus, it is only where courts first determine that policy language is ambiguous that contractual language is to be construed in favor of the insured. When an insurance contract is not ambiguous, it must be given effect as written. See State Farm Fire & Cas. Co. v. Oliveras, 441 So.2d 175, 178 (Fla. 4th DCA 1983).

A number of opinions from other jurisdictions have spoken directly to the issue as to whether the contract terms complained of by the petitioner here create ambiguity within the policy. Of those, only the Superior Court of Delaware deemed the language ambiguous. See Delledonne v. State Farm Mut. Auto. Ins. Co., 621 A.2d 350 (Del.Super.Ct.1992). In 2001, however, the Delaware Supreme Court held that "[t]he Delledonne Court... incorrectly stated Delaware law by finding that the existence of two separate and distinct lines of authority in the interpretation of similar policy language is evidence of ambiguity." O'Brien v. Progressive Northern Ins. Co., 785 A.2d 281, 289 (Del.2001). Thus, no court has explicitly found the contract language at issue in the instant case to be ambiguous.

Other jurisdictions have specifically deemed the language in question here unambiguous.

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

Related

Pierce Law Group, LLP v. Jaleh Factor
District Court of Appeal of Florida, 2025
Shai Morali v. Amanda Mayan
District Court of Appeal of Florida, 2024
PEOPLE'S TRUST INSURANCE COMPANY v. LILLIAN LAMOLLI
District Court of Appeal of Florida, 2022
The Inns by the Sea v. Cal. Mutual Ins. Co.
California Court of Appeal, 2021
Hassoun v. Reliastar Life Ins. Co.
288 F. Supp. 3d 1334 (S.D. Florida, 2018)
A & M Gerber Chiropractic LLC v. GEICO Gen. Ins. Co.
291 F. Supp. 3d 1318 (S.D. Florida, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
819 So. 2d 732, 27 Fla. L. Weekly Supp. 492, 2002 Fla. LEXIS 1097, 2002 WL 1029196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegle-v-progressive-consumers-ins-co-fla-2002.