STATE FARM MUT. AUTO. INS. v. St. Godard

936 So. 2d 5, 2006 Fla. App. LEXIS 7085, 2006 WL 1234886
CourtDistrict Court of Appeal of Florida
DecidedMay 10, 2006
Docket4D05-366
StatusPublished
Cited by8 cases

This text of 936 So. 2d 5 (STATE FARM MUT. AUTO. INS. v. St. Godard) 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
STATE FARM MUT. AUTO. INS. v. St. Godard, 936 So. 2d 5, 2006 Fla. App. LEXIS 7085, 2006 WL 1234886 (Fla. Ct. App. 2006).

Opinion

936 So.2d 5 (2006)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant,
v.
Gerald A. ST. GODARD and Rachael St. Godard, Appellees.

No. 4D05-366.

District Court of Appeal of Florida, Fourth District.

May 10, 2006.
Rehearing Denied September 8, 2006.

*6 Frances F. Guasch of Luis E. Ordonez & Associates, Miami, for appellant.

Barbara J. Compiani and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., and Christopher M. Larmoyeux of Larmoyeux & Bone, P.L., West Palm Beach, for appellees.

FARMER, J.

This appeal stems from a trial judge's decision not to limit a judgment on an uninsured motorist's (UM) claim to the policy limits. Because there was no basis pleaded or litigated in this case for damages greater than the UM coverage afforded by the insurer, we reverse.

Before suit was filed, the attorney for the insureds wrote their motor vehicle insurance carrier, requesting the information specified in section 627.4137.[1] State Farm responded on a letterhead with the legend "State Farm Insurance Companies,"[2] [e.s.] stating a claim number, identifying the insured as Gerry A. St. Godard, and stating a date of loss. The body of the letter said:

In response to your request, please find insurance information regarding policy number XXXX-XXX-XXF for the above date of loss.
1. The name of the insurer:
State Farm Mutual Automobile Insurance Company
2. The name of each insured: Gerry A. St. Godard
Rachael St. Godard
3. Available coverage is as follows:
*7 * Bodily Injury Liability: 100,000/300,000
* Property Damage Liability: 50,000
* Personal Injury Coverage: P10/No deductible
* Medical Payment Coverage: 5,000
* Comprehensive: $500 Deductible
* Collision: $500 Deductible
* Emergency Road Service
* Rental Coverage: R1 80%/500
* Uninsured Motorist—Non Stacking: 100,000/ 300,000
4. Policy or coverage defenses known to the Company at this time: None at this time
5. Umbrella or excess insurance known to the Company at this time: State Farm Fire & Casualty Policy # 79CE1564 Limits: $1,000,000[3]

Relying on paragraph 5, the insureds argue that damages under UM policy number XXXX-XXX-XXF greater than $100,000 were available because of the reference to umbrella or excess policy number 79CE1564 mentioned in the above response. They also argue that they were asserting a bad faith claim against their UM insurer that was not premature. We set out the history of this case to demonstrate the basis for our disagreement with these arguments.

The insureds[4] filed suit against State Farm Mutual Automobile Insurance Company (State Farm) and alleged in paragraph 5 of their Complaint the following:

At all times material hereto, there was in full force and effect a policy of automobile insurance issued by the Defendant, State Farm Mutual Automobile Insurance Company, which extended uninsured motorist coverage to the Plaintiffs. The policy is identified as number XXXX-XXX-XXF. A copy of said policy is attached hereto as Exhibit A.

The Complaint also alleged that an insured suffered an automobile accident caused by an uninsured driver in which he incurred injuries and damages and that he had complied with all conditions precedent to UM coverage. Their pleading closed with a prayer for "judgment for damages" against defendant State Farm Mutual Automobile Insurance Company under the UM coverage afforded by policy number XXXX-XXX-XXF.

Thus the only claim alleged in the Complaint against their UM insurer was the husband's claim for UM benefits arising from the accident in which they alleged that the driver was uninsured or underinsured, together with his wife's derivative claim for loss of consortium. The insureds made no allegation or prayer for relief in which they sought damages greater than the UM coverage provided in the insurance contract on which they based their suit. They included no claim against State Farm sounding in bad faith in their action. They sought damages only within the UM coverage provided in policy number XXXX-XXX-XXF. Their Complaint never mentioned or sought damages under the umbrella or excess policy, number 79CE1564. Similarly, they failed to name and join State Farm Fire and Casualty as a party defendant in this action.

In its Answer to the Complaint, State Farm Mutual Automobile Insurance alleged in paragraph 5 the following:

Defendant admits that at all times material hereto, there was in full force and *8 effect a policy of automobile insurance issued by said Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, which extended uninsured motorist coverage to the Plaintiffs and that said policy of insurance was policy number XXXX-XXX-XXF. Defendants attorney does not have a policy of insurance attached to his copy of the Complaint and does not know if it was attached to the original served upon STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. Defendant would further state that said policy of insurance speaks for itself, and Plaintiffs' claims, if any, are subject to all the terms, provisions, conditions, definitions, exclusions, and limitations of said insurance policy.

Further, State Farm alleged in paragraph 11 that the UM coverage applied only to any difference "between the sum of such benefits and the damages sustained, up to the maximum amount of such coverage provided under the policy alleged." [e.s.] In paragraph 14, State Farm again alleged that plaintiffs' claims under the UM policy were:

subject to the limits of uninsured and/or underinsured motorist coverage provided in the policy of the Defendant issued to the named insureds/Plaintiffs, and this Defendant's liability, if any, is entirely dependent and contingent upon the provisions and conditions set forth in the aforementioned policy. [e.s.]

In the same pleading, however, State Farm denied that the insured's injury or condition had been actually caused by the accident; denied that even if it were caused by the accident the driver was uninsured or underinsured; and denied the insureds' allegation of compliance with all policy conditions precedent to UM damages from State Farm. The insureds did not file a Reply to the Answer seeking to avoid the UM policy limits.

As a result of these pleadings, coverage under the UM policy up to its stated limits of $100,000 was an admitted fact. From the presuit declaration by State Farm under oath in response to the inquiry of these insureds, the amount of the limits on the UM coverage provided by policy number XXXX-XXX-XXF was known to both parties, and neither one had placed this amount in issue by the pleadings. Instead the disputed facts for trial were whether the insured's injury or condition resulted from the accident, the amount of the damages attributable to the accident, the extent and amount of any covered damages uninsured or underinsured, and whether insureds had complied with the policy's UM conditions. There was no basis for either party to offer evidence at trial as to the limits of UM coverage.

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936 So. 2d 5, 2006 Fla. App. LEXIS 7085, 2006 WL 1234886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mut-auto-ins-v-st-godard-fladistctapp-2006.