State Farm Mutual Automobile Insurance v. Morris

District Court of Appeal of Florida

State Farm Mutual Automobile Insurance v. Morris

370 So. 2d 828, 1979 Fla. App. LEXIS 14728

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1979

DocketNo. MM-369

StatusPublished

Cited by3 cases

This text of 370 So. 2d 828 (State Farm Mutual Automobile Insurance v. Morris) 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 Mutual Automobile Insurance v. Morris, 370 So. 2d 828, 1979 Fla. App. LEXIS 14728 (Fla. Ct. App. 1979).

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Opinion

ON MOTION TO DISMISS

ERVIN, Judge.

This cause is before us upon appellee’s motion to dismiss appellant’s review of a non-final order. Appellee sought damages on behalf of the estate of James Harold Morris for the wrongful death of the latter caused by the alleged negligence of one Jack Page, who, at the time of the accident, operated decedent’s automobile with his apparent knowledge and consent. Both Page and State Farm were sued. It was alleged that State Farm had insured decedent’s automobile and, upon the death of the decedent, the insured, the policy inured to the benefit of his estate. State Farm moved for summary judgment, contending that the policy was designed to protect the decedent from liability to third persons caused by the operation of his insured vehicle and was not intended to provide bodily injury coverage to the insured.¹ The motion for summary judgment was denied, the court holding that the exclusion had no application. The order also denied appellee’s motion for summary judgment. The order concluded by stating that it did not decide whether or not either defendant Jack Page or State Farm might still raise affirmative defenses, assumption of the risk and comparative negligence.

Fla.R.App.P. 9.130(a)(C)(iv) permits review of non-final orders which determine the issue of liability in favor of the party seeking affirmative relief. The committee note to the rule states that it permits “appeals from interlocutory orders which determine liability in favor of a claimant.” (e.s.) No liability has been determined as yet in favor of the claimant. Both appellant’s and appellee’s motions for summary judgment were denied. While the court held that State Farm’s exclusionary clause did not apply, it still made no ruling on an affirmative issue of liability. Such issues remain outstanding and are not ripe for review at this point. Appellee’s motion to dismiss the interlocutory appeal is granted.

MILLS, Acting C. J., and SMITH, J., concur.

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ON MOTION TO DISMISS

ERVIN, Judge.

This cause is before us upon appellee’s motion to dismiss appellant’s review of a non-final order. Appellee sought damages on behalf of the estate of James Harold Morris for the wrongful death of the latter caused by the alleged negligence of one Jack Page, who, at the time of the accident, operated decedent’s automobile with his apparent knowledge and consent. Both Page and State Farm were sued. It was alleged that State Farm had insured decedent’s automobile and, upon the death of the decedent, the insured, the policy inured to the benefit of his estate. State Farm moved for summary judgment, contending that the policy was designed to protect the decedent from liability to third persons caused by the operation of his insured vehicle and was not intended to provide bodily injury coverage to the insured.¹ The motion for summary judgment was denied, the court holding that the exclusion had no application. The order also denied appellee’s motion for summary judgment. The order concluded by stating that it did not decide whether or not either defendant Jack Page or State Farm might still raise affirmative defenses, assumption of the risk and comparative negligence.

Fla.R.App.P. 9.130(a)(C)(iv) permits review of non-final orders which determine the issue of liability in favor of the party seeking affirmative relief. The committee note to the rule states that it permits “appeals from interlocutory orders which determine liability in favor of a claimant.” (e.s.) No liability has been determined as yet in favor of the claimant. Both appellant’s and appellee’s motions for summary judgment were denied. While the court held that State Farm’s exclusionary clause did not apply, it still made no ruling on an affirmative issue of liability. Such issues remain outstanding and are not ripe for review at this point. Appellee’s motion to dismiss the interlocutory appeal is granted.

MILLS, Acting C. J., and SMITH, J., concur.

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Bluebook (online)

370 So. 2d 828, 1979 Fla. App. LEXIS 14728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-morris-fladistctapp-1979.

Opinion

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