Southern Adj. v. American Bankers Ins., 97-1958.
| Decision Date | 07 October 1998 |
| Docket Number | No. 97-1958.,97-1958. |
| Parties | SOUTHERN ADJUSTMENT SERVICES, INC., Appellant, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Appellee. |
| Court | Florida District Court of Appeals |
Jerry B. Schreiber of Law Offices of Jerry B. Schreiber, C.A., Miami, for appellant.
Kimberly L. Boldt of Russo, Wells & Associates, P. A., Miami, for appellee.
Southern Adjustment Services, Inc. ("Southern"), a repossessor of automobiles, appeals from a final summary judgment order in favor of its insurer American Bankers Insurance Company of Florida ("American Bankers"), in this declaratory relief action. Southern, which was insured by American Bankers under a commercial general liability policy, was sued by a third party who claimed to have been injured during a repossession attempt by Southern. The trial court determined that American Bankers did not owe a duty to provide coverage or defend Southern in the underlying claim. We affirm in part and reverse in part.
On January 26, 1990, Southern sent a driver and tow truck to Russell Foote's home address with a repossession order for alleged nonpayment on Foote's truck. Foote claimed he was injured when an employee of Southern drove a tow truck into his driveway, and pinned him between the pick-up truck and the tow truck. Subsequently, Foote sued Southern in a two-count complaint, alleging theories of negligence and negligent hiring and supervision.
At the time this incident occurred, Southern had in effect a policy of insurance, issued by American Bankers, which provided comprehensive general liability coverage for death, bodily injury, and personal injury, subject to the following exclusion:
This insurance does not apply: ... (b) to bodily injury or property damage arising out of the ownership, maintenance, operation use, loading or unloading of (1) any automobile or aircraft owned or operated by ... any insured, or (2) any other automobile1 or aircraft operated by any person in the course of his employment by any insured.
Southern procured this insurance to meet the licensing requirements of section 493.6110, Florida Statutes (Supp.1990), which states, in pertinent part:
No agency license shall be issued unless the applicant first files with the department a certification of insurance evidencing coverage as delineated below.... Coverage shall be written by an insurance company which is lawfully engaged to provide insurance coverage in Florida. Coverage shall provide for a combined singlelimit policy in the amount of at least $300,000, which policy shall include comprehensive general liability coverage for death, bodily injury, property damage, and personal injury coverage including false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, and violation of the right of privacy....
§ 493.6110, Fla. Stat. (Supp.1990).2
After Southern sought to have American Bankers provide coverage and defend it on Foote's claims, American Bankers filed a declaratory action, seeking to determine whether the subject policy provided coverage...
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