Dalrymple v. Ihnen Pool Service and Supply, Inc.
| Decision Date | 10 December 1986 |
| Docket Number | No. 4-86-0065,4-86-0065 |
| Citation | 498 So.2d 646,11 Fla. L. Weekly 2589 |
| Parties | 11 Fla. L. Weekly 2589 Harry DALRYMPLE, Appellant, v. IHNEN POOL SERVICE AND SUPPLY, INC., a Florida corporation, Anthony Ayra, Daniel Starke Amick and South Carolina Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
William S. Isenberg of Isenberg & Schlesser, P.A., Fort Lauderdale, for appellant.
James T. Sparkman of Hill, Neale and Riley, Fort Lauderdale, for appellees South Carolina Ins. Co.
Appellant, plaintiff below, seeks review of a summary final judgment in favor of appellee South Carolina Insurance Company, holding that a multi-peril policy issued by the Company explicitly excluded coverage for injuries sustained by plaintiff in an auto accident.
Plaintiff was severely injured when a vehicle owned by the Company's insured and driven by a drunken employee of the insured collided with plaintiff's vehicle. Plaintiff sued the Company and its insured, proffering a number of theories for recovery. For purposes of this appeal, however, the only relevant theory is that based on an alleged cause of action for negligent hiring and retention of the employee by the insured. The Company eventually moved for summary judgment on the ground that the following language in its multi-peril policy issued to the insured explicitly excludes coverage:
This insurance does not apply:
....
(b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of
(1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or
(2) any other automobile or aircraft operated by any person in the course of his employment by any insured....
The court below granted summary judgment, resulting in this appeal.
In Cesarini v. American Druggist Ins. Co., 463 So.2d 451 (Fla. 2d DCA 1985), the court upheld summary judgment in favor of an insurance company on a cause of action for negligent hiring and supervision of an employee who, while driving a vehicle owned by the insured, was involved in an accident resulting in injury to the plaintiff. The decision was based on an exclusion in substance identical to that contained in the multi-peril policy here. Plaintiff does not seriously argue that Cesarini was incorrectly decided. Rather, plaintiff seeks to distinguish Cesarini, arguing that in Cesarini negligent entrustment was the sole proximate cause of plaintiff's injuries, whereas, in this case there existed concurring causes for the injuries--retaining the employee at all and...
To continue reading
Request your trial
-
Westmoreland v. Lumbermens Mut. Cas. Co.
...this court has expressly rejected the concurring cause theory as regards this kind of exclusion in Dalrymple v. Ihnen Pool Service & Supply, Inc., 498 So.2d 646 (Fla. 4th DCA 1986). He also concluded that our later decision in Frontier Insurance Co. v. Pinecrest Preparatory School, Inc., 65......
-
Transamerica Ins. Co. v. Snell
...concurrent cause doctrine. See also Krempl v. Unigard Sec. Ins. Co., 69 Wash.App. 703, 850 P.2d 533 (1993); Dalrymple v. Ihnen Pool Serv. & Supply, 498 So.2d 646 (Fla. 4th DCA 1986). Our conclusion that Snell's action arises out of FHBHBT's insolvency, and that Tison and Associates is thus ......
-
Frontier Ins. Co. v. Pinecrest Preparatory School Inc.
...or supervising the negligent party or agency, because the two policies are deemed complementary. E.g., Dalrymple v. Ihnen Pool Serv. and Supply, Inc., 498 So.2d 646 (Fla. 4th DCA 1986) (business multi-peril policy); Johnson v. Unigard Ins. Co., 387 So.2d 1058 (Fla. 5th DCA 1980) (homeowner'......
-
US Fidelity & Guar. v. Toward, 89-14048-CIV-JAG.
...of negligent hiring. The insurer relies upon a line of cases involving automobile accidents. See Dalrymple v. Ihnen Pool Service & Supply, 498 So.2d 646 (Fla. 4th DCA 1986); Cesarini v. American Druggist Insurance, 463 So.2d 451 (Fla. 2nd DCA 1985); Gargano v. Liberty Mutual Insurance Co., ......