Oren v. General Acc. Fire & Life Assur. Corp.
| Decision Date | 01 June 1965 |
| Docket Number | No. 64-984,64-984 |
| Citation | 175 So.2d 581 |
| Parties | Billie June OREN, Administratrix of the Estate of Juanita Hicks, Deceased, and Billie June Oren, Administratrix of the Estate of Jesse D. Hicks, Deceased, Appellant, v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, Ltd., a foreign corporation, Appellee. |
| Court | Florida District Court of Appeals |
Gladys Irene White and Samuel D. Wallace, Miami, for appellant.
Fowler, White, Gillen, Humkey & Trenam and Henry Burnett, Miami, for appellee.
Before BARKDULL, C. J., and HENDRY and SWANN, JJ.
Juanita Hicks was an insured under a policy containing an uninsured motorist clause. While riding as a passenger in an automobile driven by her husband, Jesse D. Hicks, an accident occurred with Charles D. Bradley, an uninsured motorist. Subsequently both Juanita and Jesse expired and appellant was appointed administratrix of both estates. Appellant, as administratrix, instituted separate suits and recovered judgments against Bradley. The suits were filed and judgment obtained without the consent of the insurer.
The insurance policy contained, in part, the following provisions under the Uninsured Motorists clause:
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'Exclusions
'This policy does not apply * * *
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'(b) To bodily injury to an insured, or care or loss of services recoverable by an insured, with respect to which such insured, his legal representative or any person entitled to payment under this coverage shall, without written consent of the company, make any settlement with or prosecute to judgment any action against any person or organization who may be legally liable therefor; (Emphasis added)'
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The administratrix, after obtaining the judgments, filed a demand for arbitration under the policy.
Appellee (insurer) instituted the present suit requesting that the administratrix be enjoined from proceeding with any claim against it under the policy, due to a violation of the policy terms. A summary final decree was issued in favor of the insurer, and the administratrix appealed. We agree with this decision of the trial court.
The exclusion clause in the contract was specific, clear and unambiguous. It provided that the policy did not apply where the insured or his legal representative made a settlement or obtained a judgment against a person who might be liable, without the written consent of the insurer. It is clear that these terms were violated when suit was filed and judgment obtained without the written consent of the insurer.
The general rules applicable are set forth in Rigel v. National Casualty Company, Fla.1954, 76 So.2d 285, where Justice Thomas for the court s...
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