U.S. Fire Ins. Co. v. Southern Sec. Life Ins. Co., s. 97-1446
| Decision Date | 17 April 1998 |
| Docket Number | Nos. 97-1446,97-1485,s. 97-1446 |
| Citation | 710 So.2d 130 |
| Parties | 23 Fla. L. Weekly D996 UNITED STATES FIRE INSURANCE COMPANY, and Hartford Insurance Company of the Southeast, Appellants, v. SOUTHERN SECURITY LIFE INSURANCE COMPANY, et al., Appellees. |
| Court | Florida District Court of Appeals |
Robert E. Bonner of Meier, Lengauer, Bonner, Muszynski & Doyle, Orlando, for Appellant United States Fire Insurance Company.
Randall M. Bolinger and Robert J. Egan of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellant Hartford Insurance Company of the Southeast.
Don B. Long, Jr., of Johnston, Barton, Proctor & Powell, LLP, Birmingham, AL, and W. Scott Gabrielson of Mateer & Harbert, P.A., Orlando, for Appellees.
This consolidated appeal requires the interpretation of the terms of several liability insurance contracts and presents three issues for our review. We find that only one issue merits discussion and affirm the summary judgments entered against Hartford Insurance Company of the Southeast and United States Fire Insurance Company in favor of their insured, Southern Security Life Insurance Company.
Hartford was the primary liability insurer for Southern from August 1, 1982 until August 1, 1991. The policies issued from August 1, 1982 to August 1, 1987 provided personal injury liability coverage to Southern. However, the 1987 and later policies excluded personal injury coverage by means of an endorsement to the policy.
Southern was sued by a former employee for libel and slander for statements made by Southern in 1990 and 1991. It is not disputed that libel and slander are classified as personal injury under the subject policies. Southern sought defense of the claims from Hartford, and Hartford declined to defend based on the 1987 policy change which removed personal injury coverage from the policy. After settling with its employee, Southern filed suit against Hartford to recoup its defense costs, alleging that the Hartford policy covered personal injury in 1990 and 1991 because Hartford had not notified Southern of the 1987 coverage exclusion as required by subsection 627.4133(1), Florida Statutes (1997), which provides in part:
(a) An insurer issuing a policy providing coverage for workers' compensation and employer's liability insurance, property, casualty, except mortgage guaranty, surety, or marine insurance ... shall give the named insured at least 45 days' advance written notice of nonrenewal or of the renewal premium. If the policy is not to be renewed, the written notice shall state the reason or reasons as to why the policy is not to be renewed....
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(b) An insurer issuing a policy providing coverage for property, casualty, except mortgage guaranty, surety, or marine insurance ... shall give the named insured written notice of cancellation or termination other than nonrenewal at least 45 days prior to the effective date of the cancellation or termination, including in the written notice the reason or reasons for the cancellation or termination....
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(c) If an insurer fails to provide the 45-day ... written notice required under this section, the coverage provided to the named insured shall remain in effect until 45 days after the notice is given or until the effective date of replacement coverage obtained by the named insured, whichever occurs first.
Hartford contends that section 627.4133 only requires notice to the insured when...
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