Auto-Owners Ins. Co. v. Queen, AUTO-OWNERS
| Decision Date | 09 May 1985 |
| Docket Number | AUTO-OWNERS,No. 84-1345,84-1345 |
| Citation | 468 So.2d 498,10 Fla. L. Weekly 1170 |
| Parties | 10 Fla. L. Weekly 1170 INSURANCE COMPANY, Appellant, v. Winona Kay Kemp QUEEN, etc., Appellee. |
| Court | Florida District Court of Appeals |
R. Franklin Ritch, of Ritch & Graves, P.A., Gainesville, for appellant.
John H. Piccin, of Piccin, Atkins, Krehl & Forman, Ocala, for appellee.
The defendant insurance company appeals from a final judgment declaring it to be liable under the uninsured motorist provision of its insurance policy.
The decedent, Cindy L. Kemp, was killed while a passenger in the automobile of Marjorie L. Carlton. Appellee, as personal representative of her daughter's estate, settled with Carlton's insurance carrier for the limits of that policy, and then sought uninsured motorist coverage from her own carrier, Auto-Owners. The policy provisions presented to the trial court for interpretation are identical to those discussed in Auto-Owners Insurance Company v. Bennett, 466 So.2d 242 (Fla. 2d DCA 1984), on rehearing, and agreeing with the reasoning of that case, we affirm the judgment below.
Cindy lived at home with her mother, Winona Kay Kemp Queen. Winona owned two automobiles, both of which were insured by Auto-Owners. In addition to liability coverage, each automobile was covered for $15,000 in uninsured motorist coverage. It is undisputed that Cindy was a "relative" of and a resident in the same household as her mother. It is also undisputed that Cindy owned an automobile in her own name and had a separate policy of insurance on that automobile, also issued by Auto-Owners.
As in Bennett, Cindy was covered by basic liability coverage under her mother's policy, which extended that protection to "... any relative who lives with you." Nothing in the policy limits this coverage only to relatives who do not own a car. On the other hand, the uninsured motorist coverage of Winona's policy extends that protection to "... any relative living with you who does not own a car."
In Mullis v. State Farm Mutual Automobile Insurance Company, 252 So.2d 229 (Fla.1971), the court said:
In sum, our holding is that uninsured motorist coverage prescribed by Section 627.0851 is statutorily intended to provide the reciprocal or mutual equivalent of automobile liability coverage prescribed by the Financial Responsibility Law, i.e., to say coverage where an uninsured motorist negligently inflicts bodily injury or death upon a named insured, or any of his family...
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