Newman v. National Indem. Co., 70--39

• Decision Date: 09 February 1971
• Docket Number: No. 70--39,70--39
• Citation: Newman v. National Indem. Co., 245 So.2d 118 (Fla. App. 1971)
• Parties: Lucele NEWMAN, as Administratrix of the Estate of Edward Newman, deceased, and Allstate Insurance Company, Appellants, v. NATIONAL INDEMNITY COMPANY, Hortense Green and Louis Green, Appellees.
• Court: Florida District Court of Appeals

Page 118

245 So.2d 118

Lucele NEWMAN, as Administratrix of the Estate of Edward Newman, deceased, and Allstate Insurance Company, Appellants, v. NATIONAL INDEMNITY COMPANY, Hortense Green and Louis Green, Appellees.

No. 70--39.

District Court of Appeal of Florida, Third District.

Feb. 9, 1971.

Rehearing Denied March 26, 1971.

Adams, George & Wood, and David L. Willing, Miami, for appellants.

Carey, Dwyer, Austin, Cole & Selwood, and Edward A. Perse, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.

HENDRY, Judge.

This is an appeal from a final judgment entered in a suit seeking declaratory judgment as to the extent of coverage under an automobile insurance policy containing a 'family-household' exclusion and a 'severability of interest' clause.

Defendant-appellees Louis Green and his wife Hortense Green, both residents of the same household, were injured while passengers in an automobile owned by Louis Green. Edward Newman, deceased, ('Driver') operated this automobile with Green's knowledge and consent. Louis Green was also the 'named insured' of an automobile insurance policy issued by defendant-appellee National Indemnity Company ('National'). Because of injuries received by the Greens, they sued the driver, Newman.

Plaintiff-appellant Lucele Newman, widow of Edward Newman, the driver, was named administratrix of his estate. She sought a declaration that the National policy issued to Louis Green, the car owner and named insured, required National to defend Driver against the claims of Louis and Hortense Green.

Plaintiff-appellant Lucele Newman contends that: the driver qualifies as an 'omnibus insured' under the policy because he drove with the owner's permission; the 'family-household' exclusion does not extend to an 'omnibus insured' driver who is neither related to the named insured and his wife nor a member of the named insured's household; and the 'severability of interest' clause limits the scope of the 'family-household' exclusion.

The subject policy of insurance issued to Louis Green as named insured, was in full force and effect at all relevant times. In pertinent part it provides:

'* * * (The Company) Agrees with the insured, named in the declarations made a part hereof, * * * subject to the limits of liability, exclusions, conditions and other terms of this policy:

'INSURING AGREEMENTS

'1. Coverage A--Bodily Injury Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury * * * sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the automobile.

'Coverage B--Property Damage Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property * *...