World Wide Underwriters Ins. v. Welker

640 So. 2d 46, 19 Fla. L. Weekly Supp. 153, 1994 Fla. LEXIS 462, 1994 WL 102650
CourtSupreme Court of Florida
DecidedMarch 31, 1994
Docket80478
StatusPublished
Cited by14 cases

This text of 640 So. 2d 46 (World Wide Underwriters Ins. v. Welker) 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
World Wide Underwriters Ins. v. Welker, 640 So. 2d 46, 19 Fla. L. Weekly Supp. 153, 1994 Fla. LEXIS 462, 1994 WL 102650 (Fla. 1994).

Opinion

640 So.2d 46 (1994)

WORLD WIDE UNDERWRITERS INSURANCE COMPANY, etc., Petitioner,
v.
Steven WELKER, Respondent.

No. 80478.

Supreme Court of Florida.

March 31, 1994.
Rehearing Denied July 6, 1994.

Edward D. Schuster, Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Fort Lauderdale, for petitioner.

Susan S. Lerner, Kutner, Rubinoff, Thompson & Bush, Miami, for respondent.

Louis K. Rosenbloum, Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, amicus curiae, for Academy of Florida Trial Lawyers.

OVERTON, Justice.

We have for review Welker v. World Wide Underwriters Insurance Co., 601 So.2d 572 (Fla. 4th DCA 1992), in which the district court held that Steven Welker, who was injured while driving a pickup truck owned by him, was entitled to uninsured motorist coverage under an automobile insurance policy issued to his mother, even though that policy excluded coverage when Welker was operating his own vehicle. The district court determined that the policy exclusion pertaining to accidents involving Welker's vehicle was unenforceable *47 based on this Court's decision in Mullis v. State Farm Mutual Automobile Insurance Co., 252 So.2d 229 (Fla. 1971). We find that the district court's decision in this case conflicts with Valiant Insurance Co. v. Webster, 567 So.2d 408 (Fla. 1990), and Bolin v. Massachusetts Bay Insurance Co., 518 So.2d 393 (Fla. 2d DCA 1987).[1] We quash the district court's decision and find that, because the World Wide policy did not provide liability coverage to Welker for accidents involving his vehicle, World Wide was not obligated to provide uninsured motorist coverage to Welker for this accident.

The record establishes the following pertinent facts. In 1986, while attempting to avoid a collision with another motorist, Steven Welker drove his pickup truck into a concrete pole. For reasons that are not clear from the record, Welker was unable to recover from the other motorist for his damages. In addition, Welker was precluded from making an uninsured motorist claim against his own insurance company because, although he had automobile liability insurance for his pickup truck, he had expressly declined uninsured motorist coverage under that policy.

Having no recourse against the uninsured motorist or his own insurer, Welker turned instead to World Wide, his mother's insurer. The World Wide policy provided liability and uninsured motorist coverage to Welker's mother, as the named insured, and to her resident relatives. At the time of the accident Welker lived with his mother. The policy listed only the mother's vehicle as an insured vehicle and specifically excluded from coverage all vehicles owned by the named insured or resident relatives that were not listed in the policy. The relevant segments of the World Wide policy read as follows:

PERSONAL AUTO POLICY
DEFINITIONS
... .
"FAMILY MEMBER" means a person related to you by blood, marriage or adoption who is a resident of your household.
... .
PART A — LIABILITY COVERAGE
INSURING AGREEMENT
We will pay damages for bodily injury or property for which any covered person becomes legally responsible because of an auto accident... .
"Covered person" as used in this Part means:
1. You or any family member for the ownership, maintenance or use of any auto or trailer.
... .
EXCLUSIONS
... .
B. We do not provide Liability Coverage for the ownership, maintenance or use of:
... .
3. Any vehicle, other than your covered auto, which is:
a. owned by any family member; or
b. furnished or available for the regular use of any family member.
... .
PART C — UNINSURED MOTORIST COVERAGE
INSURING AGREEMENT
We will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury:
1. Sustained by a covered person; and
2. Caused by an accident.
... .
"Covered person" as used in this Part means:
1. You or any family member.
... .
EXCLUSIONS
A. We do not provide Uninsured Motorist Coverage for bodily injury sustained by any person:
1. While occupying, or when struck by, any motor vehicle owned by you or any family member which is not insured for this coverage under this policy.

*48 Pursuant to his status as a resident relative, Welker claimed uninsured motorist benefits under the World Wide policy. World Wide denied benefits to Welker, citing the liability and uninsured motorist exclusions for accidents involving vehicles owned by family members but not insured under the policy. Welker then brought suit to compel World Wide to provide uninsured motorist benefits under the policy.

The trial court looked to the express terms of the policy and determined that, although Steven Welker was a resident relative at the time of the accident, the policy failed to provide either liability or uninsured motorist protection to Welker. Accordingly, the trial court entered summary judgment in favor of World Wide. The district court, relying principally on this Court's decision in Mullis, reversed. Under the district court's interpretation of Mullis, once a person is defined as an insured under an insurance policy for any measure of liability coverage, the insurer must also provide that person with uninsured motorist coverage without reservation as to the vehicle being driven at the time of the accident. The district court stated: "When an insurance company purports to provide basic liability coverage to the named insured and the insured's relatives, it cannot later exclude those relatives from uninsured motorist coverage." Welker, 601 So.2d at 574. There is no question that Welker was not entitled to liability coverage under his mother's policy for accidents involving Welker's truck. However, as the district court noted in its opinion, the policy did provide Welker with basic liability coverage, that is, liability coverage when Welker was operating his mother's vehicle or another vehicle not owned by him.

The issue in this case is whether an insurance company is required to provide uninsured motorist coverage to an insured for damages incurred in an accident involving a vehicle owned by the insured but not listed in the policy when the policy contains express provisions excluding coverage for both liability and uninsured motorist coverage in these circumstances. Welker, consistent with the view of the district court, argues that because he is generally insured under the World Wide policy, the exclusions set forth in his mother's policy cannot limit his entitlement to uninsured motorist coverage for his accident. In response, World Wide asserts that it was not obligated to provide uninsured motorist coverage to Welker for this accident involving his vehicle because it did not provide reciprocal liability coverage.

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Bluebook (online)
640 So. 2d 46, 19 Fla. L. Weekly Supp. 153, 1994 Fla. LEXIS 462, 1994 WL 102650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-wide-underwriters-ins-v-welker-fla-1994.