2d DCA Rules that Comprehensive Liability Exclusion for Injuries to Children Ambiguous

In NORTH POINTE CASUALTY INSURANCE COMPANY v. M & S TRACTOR SERVICES, INC., 36 Fla. L. Weekly D1365a (Fla. 2d DCA June 24, 2011), the Second District Court of Appeals of Florida has found that insurance policy which states that it does not apply to “ ‘Bodily Injury' sustained by the spouse, child, parent, brother or sister of any employee of any insured, or of a contractor, or of an employee of a contractor of any insured as a consequence of ‘bodily injury' to such employee, contractor, or employee of such contractor, arising out of and in the course of such employment or retention by or for any insured” was properly found by trial court to be ambiguous. The court further found that the trial court properly found that coverage was not excluded for injuries to the son of an employee of the named insured who was injured when he fell from a tractor being operated by the employee in the course and scope of his employment with the named insured.

North Pointe issued this policy relying on ISO standard forms. The main section of the policy is identified as CG-00-001-12-04 under a 2003 copyright. The critical endorsement, entitled “Exclusion of Injury to Employees, Contractors and Employees of Contractors,” is identified as NP-08-16-02-06. I have considered this policy language is several coverage matters and have been of the opinion that the Florida courts would find this clause ambiguous. Unfortunately, I have been proven correct.

If you are interested in receiving a full copy of this decision, please write me at miamipandi@comcast.net, motero@houckanderson.com or via LinkedIn at

http://www.linkedin.com/in/michelleoterovaldes.

Comments

ReThink + ReUse Center "It's How We Roll" Fun Raiser -- Bowling Night -- October 16, 2014

As many of my readers may be aware, I am the Chair of the ReThink + ReUse Center, a non-for-profit educational and environmental Center in Miami educating children into rethinking reuseable materials for learning through play. The ReThink and ReUse Center’s Quality Play is Learning Program provides a series of educational and participatory workshops based on the philosophies of Reggio Emilia and Harvard's Project Zero Visible Thinking. The Children’s Trust is the major funder of this program, but the Center is required to continually fundraise for the balance its annual budget. The Center is having a fun event you are invited to--the ReThink + Reuse Center’s “It’s How We Roll” bowling event on October 16, 2014 at Splitsville Luxury Lanes from 18:00 to 21:30 hours. My firm, Comcast and Waste Management are major sponsors for this event, but we could use a few more sponsors. If you are interested in sponsoring the event, please let me know by reaching me at mov@chalos...

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl...

Maritime Law--Lozman Case Revisited in Miami?

In Hoefling v. City of Miami , Case no.: 14-12482 (11th Cir. Jan. 25, 2016), the U.S. Court of Appeals for the Eleventh Circuit revived almost all of Hoefling's claims. You ask, "Who is Hoefling?" Hoefling lived on his sailboat Metis O moored off Dinner Key for nearly a decade—until the day he came home and it was gone. About three months earlier, an officer from the Miami Police Department's Marine Patrol Detail tagged Hoefling's vessel for lacking a sanitary device and a working anchor light. He had a deal to use the facilities at the nearby marina but quickly went out and reportedly bought what he needed to comply. Three months later while he was on a business trip, the City of Miami seized and destroyed his boat and all his belongings. As a result, he was homeless. He sued under § 1983, maritime law, and state law. He stated a claim under the Fourth Amendment for seizure and destruction without notice or cause and a “taking.” At the ...

Miami Shipping Law

Search This Blog