Fortune Ins. Co. v. Ferreiro, 84-537
| Decision Date | 06 November 1984 |
| Docket Number | No. 84-537,84-537 |
| Citation | Fortune Ins. Co. v. Ferreiro, 458 So.2d 834 (Fla. App. 1984) |
| Parties | FORTUNE INSURANCE COMPANY, Appellant, v. Lazaro FERREIRO, Appellee. |
| Court | Florida District Court of Appeals |
Walton, Lantaff, Schroeder & Carson and Sally R. Doerner and Robert J. Strunin, Miami, for appellant.
Goldfarb & Gold and Robert H. Yaffe, Miami, for appellee.
Before HENDRY, HUBBART and BASKIN, JJ.
Fortune Insurance Company appeals from a final summary judgment in favor of the insured in an action brought to compel arbitration on the uninsured motorist coverage portion of an automobile insurance policy. We affirm.
Appellee was a passenger in a truck owned by his employer when he was shot in the hand by the driver of a car which was apparently attempting to force the truck off the road. The assailant was not apprehended. Appellee thereafter brought a declaratory judgment action to compel arbitration of his uninsured motorist claim pursuant to Chapter 87, Florida Statutes (1983). Appellant defended on the premise that the incident was not the result of "an accident arising out of the use, maintenance or operation of a motor vehicle." Both parties moved for summary judgment.
We find that our affirmance is compelled by the decision in Government Employees Insurance Co. v. Novak, 453 So.2d 1116 (Fla.1984), in which the Florida Supreme Court found that personal injury protection benefits were available to an insured who was shot after refusing to give the assailant a ride. In so holding the court stated:
It is well settled that "arising out of" does not mean "proximately caused by," but has a much broader meaning. All that is required is some nexus...
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Wausau Underwriters Ins. Co. v. Howser
...to adopt the reasoning of Ganiron v. Hawaii Insurance Guaranty Association, 69 Haw. 432, 744 P.2d 1210 (1987), and Fortune Ins. Co. v. Ferreiro, 458 So.2d 834 (Fla.App.1984), both of which decisions conclude that, because injuries from an intentional ramming of one car with another is cover......
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Taylor v. Phoenix Ins. Co.
...a normal incident of the intended or expected use of the truck.3 We note that similar reasoning appears in Fortune Insurance Co. v. Ferreiro, 458 So.2d 834 (Fla. 3d DCA 1984); however, Ferreiro was decided on the basis of a broad test for UM coverage subsequently rejected in Race v. Nationw......
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Spradlin v. State Farm Mut. Auto. Ins. Co., 91-CA-01147-SCT
...Assn., 69 Haw. 432, 744 P.2d 1210 (1987); Continental Western Ins. Co. v. Klug, 415 N.W.2d 876 (Minn.1987); Fortune Ins. Co. v. Ferreiro, 458 So.2d 834 (Fla.App. 3d Dist.1984).7 See, State Farm Mut. Auto Ins. Co. v. Spotten, 610 N.E.2d 299 (Ind.App.1993); Collier v. Employers Natl. Ins. Co.......
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