Cavalier Ins. Corp. v. Bailey, 73-734
| Decision Date | 26 March 1974 |
| Docket Number | No. 73-734,73-734 |
| Citation | 292 So.2d 67 |
| Parties | CAVALIER INSURANCE CORPORATION, Appellant, v. Mary A. BAILEY et al., Appellees. |
| Court | Florida District Court of Appeals |
Wolff, Gora & Courtney, Fort Lauderdale, for appellant.
Wolfson, Diamond & Harrington and Joe N. Unger, Miami Beach, for appellees.
Before CARROLL and HAVERFIELD, JJ., and MOORE, JOHN H., II, Associate Judge.
This appeal arises from an action brought by Cavalier Insurance Corporation seeking a declaratory judgment determining its rights under an automobile insurance policy and an injunction to stay arbitration proceedings.
Mary Bailey, the minor daughter of John H. Bailey, while operating a 1967 Mercury Cougar titled in the name of her father, became involved in an automobile accident with an uninsured motorist on November 29, 1970. John Bailey was the name insured under a policy issued by Cavalier Insurance Corporation on a 1968 Ford also owned by him. His daughter, Mary, who had been living for approximately 1 1/2 years prior to the accident with her mother who was divorced from John Bailey, made a claim against Cavalier for damages under the uninsured motorist coverage provision of her father's policy on the 1968 Ford. Cavalier, taking the position that Mary was not an insured and not a resident of Mr. Bailey's household, instituted the instant suit to determine coverage and to stop arbitration proceedings. Both parties moved for summary judgment which the trial court granted in favor of the defendants Mary and John Bailey and upon oral motion, granted them attorney's fees.
The plaintiff-appellant insurance company contends that the trial court erred in finding that a named insured's relative who does not live in the same household as the named insured, may recover for injuries sustained as a result of an accident with an uninsured motorist while driving an automobile which was owned by the named insured, but not listed on the insurance policy. We find merit in this contention.
The insurance policy issued by appellant Cavalier Insurance Corporation to the father, John Bailey, provided uninsured motorist coverage and described the following persons as insured under the policy:
"Insured' means:
'(a) the named insured and any relative;'
In part I of the policy relative is defined as follows:
"relative' means a relative of the name insured who is a resident of the same household;'
Reading parts I and IV together, we find that John's daughter, Mary,...
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