Nicks v. Hartford Ins. Group, 73--280

Decision Date06 March 1974
Docket NumberNo. 73--280,73--280
Citation291 So.2d 673
PartiesCharles E. NICKS, Appellant, v. HARTFORD INSURANCE GROUP, Appellee.
CourtFlorida District Court of Appeals

Tom J. Johnson, Jr., Tampa, for appellant.

Calvin V. Pope, Tampa, for appellee.

MAXWELL, OLIVER, C., Circuit Judge (Retired).

Charles E. Nicks appeals from a summary judgment in favor of Hartford. Charles E. Nicks' father owned Tru-Flo Corporation, which corporation was insured by Hartford. Appellant was injured while riding as a passenger on a motorcycle which collided with an automobile. Neither the motorcycle nor the automobile was insured and neither was owned by Tru-Flo Corporation or appellant's father. Appellant claims coverage under this corporate insurance policy.

The policy, issued to the corporation (which did not designate any other insured in the space provided therefore) provided in the uninsured motorist coverage:

'II. PERSONS INSURED.

Each of the following is an insured under this insurance to the extent set forth below:

(a) the amend insured and any designated insured and, while residents of the same household, the spouse and relatives of either . . ..'

Tru-Elo Corporation was an active corporation owned by appellant's father. Appellant worked for this corporation part-time and lived with his father.

He contends that these provisions involving a family or household, together with the designation of the named beneficiary, are ambiguous and should be construed to grant him coverage. Insured was not on company business at the time of the accident. In a suit for declaratory decree the trial court held otherwise.

In Kohly v. Royal Indemnity Co., Fla.App.3d 1966, 190 So.2d 819, it is said:

'In interpreting insurance policies, the courts have uniformly held that the term 'named insured' has a restricted meaning and does not apply to any person other than those named in the policy.'

The cases cited by appellant do not involve the definition of the insured but involve exclusions written into policies where there is no question as to who was intended to be insured, but whether an exclusion was valid. Boston Ins. Co. v. Smith, Fla.App.1st 1963, 149 So.2d 68 interpreted a provision relating to a newly acquired automobile; Davis v. United States Fidel. & G. Co., Fla.App.1st 1965, 172 So.2d 485, construes language which attempts to limit amounts of recovery in an uninsured motorist's policy. Dyer v. Nationwide Mutual Fire Ins. Co., Fla.1973, 276 So.2d 6, deals with...

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  • American Economy Ins. Co. v. Bogdahn
    • United States
    • Oklahoma Supreme Court
    • February 10, 2004
    ...Fire Ins. Co., 581 So.2d 175 (Fla.App.1990); American States Ins. Co. v. Kelley, 446 So.2d 1085 (Fla.App.1984); Nicks v. Hartford Ins. Group, 291 So.2d 673 (Fla.Dist.Ct.App.1974); Bernard v. Nationwide Mut. Fire Ins. Co., 206 Ga.App. 519, 426 S.E.2d 29 (1992); Hogan v. Mayor & Aldermen of S......
  • Grain Dealers Mut. Ins. Co. v. McKee
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    • April 18, 1997
    ...does not create an ambiguity. See, e.g., Guarantee Ins. Co. v. Anderson, 585 F.Supp. 408, 411 (E.D.Pa.1984); Nicks v. Hartford Ins. Group, 291 So.2d 673, 674 (Fla.Dist.Ct.App.1974); Hogan v. Mayor & Aldermen of Savannah, 171 Ga.App. 671, 320 S.E.2d 555, 557-58 (1984); Economy Preferred Ins.......
  • Andrade v. Aetna Life & Cas. Co., 91-P-996
    • United States
    • Appeals Court of Massachusetts
    • September 27, 1993
    ...they are not susceptible to any reasonable interpretation that would advance Andrade's cause. Ibid. See also Nicks v. Hartford Ins. Group, 291 So.2d 673, 674 (Fla.Dist.Ct.App.1974) (no ambiguity exists in insurance policy issued to corporation and defining insured as the spouse of any such ......
  • Hillabrand v. American Family Mut. Ins.
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    • Nebraska Supreme Court
    • May 12, 2006
    ...the view taken by the Oklahoma court is correct: Guarantee Ins. Co. v. Anderson, 585 F.Supp. 408 (E.D.Pa. 1984); Nicks v. Hartford Insurance Group, 291 So.2d 673 (Fla.App.1974); Hogan v. Mayor & etc., of Savannah, 171 Ga.App. 671, 320 S.E.2d 555 (1984); Economy Preferred v. Jersey Cty. Cons......
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