National Ben Franklin Ins. Co. v. Valdes
| Decision Date | 18 November 1976 |
| Docket Number | Nos. 46734--46737,s. 46734--46737 |
| Citation | 341 So.2d 975 |
| Parties | NATIONAL BEN FRANKLIN INSURANCE COMPANY, Petitioner, v. Miguel VALDES, Sr., as father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, as Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. Peter SMALLEY, a minor, by and through his father, next friend and natural guardian, H. Earl Smalley, and H. Earl Smalley, Individually, Petitioners, v. Miguel VALDES, Sr., as father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, as Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. RESERVE INSURANCE COMPANY, Petitioner, v. Miguel VALDES, Sr., as father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, as Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. MILLERS CASUALTY COMPANY OF TEXAS, Petitioner, v. Miguel VALDES, Sr., as father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, as Administrator of the Estate of Miguel Valdes, Jr., Deceased, Respondents. |
| Court | Florida Supreme Court |
A. Dan Killian, Jr. and Tully Scott of Corlett, Merritt, Killian & Sikes, Miami, for National Ben Franklin Ins. Co.
Arnold I. Levy of Papy, Levy, Carruthers & Poole, Coral Gables, for Peter Smalley.
L. Norton Preddy, Charles B. Patrick and Michael J. Parenti, III, of Preddy, Haddad, Kutner, Hardy & Josephs, Miami, for Reserve Insurance Co.
Jonathon P. Lynn of Stephens, Thornton & Schwartz, Miami, for Millers Casualty Co. of Texas.
Joe N. Unger, and Wolfson, Diamond & Logan, Miami Beach, for respondents.
These causes are before us on petitions for writs of certiorari to review a decision of the Third District Court of Appeal reported at 303 So.2d 342 (Fla.3d DCA 1974). The issue relates to a provision of insurance coverage by auto liability carriers and driver liability in an unusual factual situation.
The facts presented at summary judgment hearings are not disputed. On the evening of April 26, 1969, Peter Smalley, a minor, was driving his father's car. Steven Spradley, another minor, was the only passenger in the vehicle. The police halted a parking lot altercation with other teenagers in which Smalley and Spradley were participating. Thereafter, the two drove to an agreed-upon rendezvous for a continuation of the incident. In the face of overwhelming odds and lack of expected reinforcements, the two withdrew in the car. On a second pass through the park, however, they began receiving a heavy pelting with rocks. they drove through a group of stone-throwing youths at about forty miles per hour in an attempt to escape the barrage. Just prior to passing through the group, Steven Spradley, the passenger, threw a glass beer mug into the crowd. The mug struck the decedent, Miguel Valdes, Jr., in the head, and he died five days later. Peter Smalley, the driver, testified he was ducking from the rocks when the mug was thrown, and he was ignorant of it until later. Spradley testified his purpose was to clear the way for the car. He said he did not know the decedent, Miguel Valdes, Jr., and testified that he was aiming only generally at the crowd to clear the way for the automobile.
Petitioner National Ben Franklin Insurance Company is the automobile liability carrier of H. Earl Smalley, owner of the vehicle driven by Peter Smalley. Petitioner Reserve Insurance Company is the excess coverage carrier for H. Earl Smalley. Petitioner Millers Casualty Company is the automobile liability carrier for the father of the passenger, Steven Spradley. As stated, petitioner Peter Smalley was the minor driver of the vehicle involved in the incident.
The cases were consolidated by the trial court, which granted summary final judgments in favor of these defendants. The issue concerned whether the decedent's death 'arose out of the ownership, maintenance, and use of the owned automobile.'
The Third District Court of Appeal reversed the trial court, holding that the death was causally connected with the use of the automobile and insurance liability might arise for three reasons: (1) that the clauses in the insurance policies must be liberally construed, if ambiguous, in favor of the insureds, since their function was to extend coverage; (2) that the boys undeniably acted in harmony, which tended to bring in automobile use, since one was driving while the other threw the mug; and (3) that the velocity of the car added forty miles per hour to the velocity of the mug, greatly enhancing its lethality.
Petitioners argue this holding conflicts with ...
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