Diversified Services, Inc. v. Jackson, 75--682
| Decision Date | 13 April 1976 |
| Docket Number | No. 75--682,75--682 |
| Citation | 330 So.2d 830 |
| Parties | DIVERSIFIED SERVICES, INC., d/b/a Sears Rent-a-Car of Miami, Inc., a Florida Corporation, etc., et al., Appellants, v. Elizabeth JACKSON et al., Appellees. |
| Court | Florida District Court of Appeals |
Sam Daniels, Miami, for appellants.
Spencer & Taylor, Miami, for appellees.
Before HAVERFIELD and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
Appellants seek review of a declaratory judgment involving insurance coverage and indemnity.
On November 9, 1972, appellee Anthony Lopez rented a car from the appellant Diversified Services, Inc. to which appellant Pan American Fire & Casualty Company issued an automobile liability insurance policy affording $100/300,000 coverage to Diversified as the primary insured. Part one of the policy offered coverage to renters of the vehicle as contingent insureds with liability limited to '. . . the amount by which the applicable financial responsibility limit exceeds the sum of the limits of liability under all other automobile liability insurance available to the contingent insured . . .' This coverage was not applicable 'to any loss with respect to which the contingent insured is covered by any other automobile liability insurance, whether on a primary, contributory, excess or any other basis . . .' Further, the total amount of Pan American's liability was limited to $10/20,000, the limits specified in the financial responsibility law. A contingent insured is defined in Pan American's policy as:
'(a) any person or organization using a RENTAL VEHICLE with the permission of the owner, BUT ONLY IF SUCH PERSON OR ORGANIZATION HAS NO OTHER AUTOMOBILE LIABILITY INSURANCE AVAILABLE TO HIM WITH LIMITS OF LIABILITY AT LEAST EQUAL TO THE FINANCIAL RESPONSIBILITY LIMITS, whether on a primary, contributory, excess, or any other basis with respect to his use of the rental vehicle . . .'
Lopez owns an automobile which is insured with appellee Allstate Insurance Company. Allstate's policy provides coverage of $100/300,000 which, with respect to a temporary substitute vehicle or a nonowned automobile, shall be excess insurance over any other collectible insurance.
On November 10, the day after he rented the car from Diversified, Lopez was involved in a collision with a car in which Elizabeth Jackson was a passenger. A third vehicle owned and operated by Michael Lavoie was also involved in the accident. As a result, Ms. Jackson filed suit against Diversified, Lopez and Lavoie. A dispute then arose between Diversified, Pan American, Lopez and Allstate regarding who should pay what portion of any judgment recovered by Ms. Jackson. Diversified filed a third party complaint seeking indemnity from Allstate as the insurer of Lopez. Allstate and Lopez in turn filed a third party complaint against Diversified and Pan American and prayed for a declaratory judgment determining that Pan American provided primary coverage up to $100/300,000 for Lopez. A final hearing was held on these third party complaints at which Allstate and Lopez argued that (1) the contingent insured provision in Pan American's policy was contrary to public policy and void; (2) the provisions in this policy that renters only had coverage for the financial responsibility limits ($10/20,000) were also contrary to public policy and void; and (3) Diversified was not entitled to indemnity from Lopez for any amount. Diversified and Pan American conceded that under this court's decision in Executive Rent-a-Car, Inc. v. Uditsky, Fla.App.1974, 297 So.2d 340, cert. denied, Fla., 310 So.2d 742 the contingent insurance clause was invalid. However, as to arguments two and three above, they contended to the contrary. After the conclusion of the hearing, the trial judge entered final judgment which reads...
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A. United Auto Rental, Inc. v. Bradley, 76-455
...writ of certiorari pending in the Supreme Court of Florida (where jurisdiction had already been granted) in Diversified Services, Inc. v. Jackson, 330 So.2d 830 (Fla.3d DCA 1976), and (2) the disposition of a question certified to the Supreme Court of Florida pursuant to Florida Appellate R......
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Diversified Services, Inc. v. Jackson
...BY THE COURT. The petition for the writ of certiorari is granted. The decision of the Third District Court of Appeal reported at 330 So.2d 830 is vacated and the case is remanded for further proceedings consistent with our decision filed today in Insurance Co. of North America v. Avis Rent-......
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Leatherby Insurance Company v. American Bankers Insurance Co. of Florida
...Court of Appeal, Second District, reported at 350 So.2d 353, which directly conflicts with the decision in Diversified Services, Inc. v. Jackson, 330 So.2d 830 (Fla. 3d DCA 1976). We have jurisdiction. Art. V, § 3(b)(3), We have concluded that the decision of the district court is correct a......
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American Bankers Ins. Co. of Florida v. Leatherby Ins. Co.
...a provision identical to the contingent insured or escape clause of Bankers' policy did not fare so well in Diversified Services, Inc. v. Jackson, 330 So.2d 830 (Fla.3d DCA 1976). As in the instant case, the driver's policy contained the typical excess clause. The court first observed that ......