Universal Underwriters Ins. Co. v. Evans
| Decision Date | 28 June 1990 |
| Docket Number | No. 89-796,89-796 |
| Citation | 565 So.2d 741 |
| Parties | 15 Fla. L. Weekly D1715 UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Appellant, v. Arthur Forte EVANS, III, Appellee. |
| Court | Florida District Court of Appeals |
Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellant.
Carey N. Bos, Orlando and Andrew A. Graham, Maureen M. Matheson and Miguel Olivella, Melbourne, for appellee.
Universal Underwriters Insurance Company (Universal) appeals the summary final judgment in favor of appellee Arthur Evans. Universal argues the court erred (1) in finding Evans to be covered under their policy of insurance and (2) in awarding costs and attorney's fees for both the attorney hired by Evans' carrier and the attorney hired by Evans. We reverse.
At 3:00 A.M. on September 2, 1984, Patricia Dickens and Warren Reyher, a car salesman, were occupying the back seat of a Volkswagen Rabbit owned by Reyher's employer, Catalano Motors, and insured by Universal. Evans, acting at Reyher's request, was driving the vehicle. Evans lost control of the vehicle and hit a tree, killing both Reyher and Dickens.
Dickens' parents brought a wrongful death action against Evans and Catalano Motors. Catalano cross-claimed against Evans for indemnity. Evans then filed a third party complaint against Universal for declaratory judgment seeking a determination of his coverage under the insurance policy issued to Catalano by Universal. A partial summary judgment was entered determining Evans to be a permissive user of Catalano's vehicle. 1
Universal's policy provided coverage for, inter caeteros, Catalano's "paid employees ... [and] a member of their household." The court found at the time of the accident Evans was a member of Reyher's household and vice versa and thus Evans was an insured under Universal's policy issued to Catalano. The trial court then entered partial summary judgment against Universal on the issue of coverage. The court also held Universal was obligated to provide Evans a defense and indemnification for his attorney's fees in the wrongful death action.
The coverage issue and hence the entire case, turns on the definition of "household." Because this word is not defined in the insurance policy, we must look elsewhere for assistance. Black's Law Dictionary defines household:
A family living together. Schurler v. Industrial Commission, 86 Utah 284, 43 P.2d 696, 699. Those who dwell under the same roof and compose a family. A man's family living together constitutes his household, though he may have gone to another state.
Term "household" is generally synonymous with "family" for insurance purposes, and includes those who dwell together as a family under the same roof. Van Overbeke v. State Farm Mut. Auto. Ins. Co., 303 Minn. 387, 227 N.W.2d 807, 810. Generally, the term "household" as used in automobile policies is synonymous with "home" and "family." Bartholet v. Berkness, 291 Minn. 123, 189 N.W.2d 410, 412.
Black's Law Dictionary 666 (rev. 5th ed. 1979). The Random House Dictionary of the English Language similarly defines household:
The people of a house collectively; a family including its servants.
The Random House Dictionary of the English Language: Second Edition--Unabridged p. 927. The First District may have said it best in adopting the following criteria:
Whatever else may be embraced in the meaning of the term "household" there is invariably involved a fixed house or place of abode and the presence of one or more persons who dwell there. When there is more than one person there is the common bond between such persons in the concept of a family, that is, that all members of the household have ties of blood, marriage or adoption among themselves. Those merely dwelling under the same...
To continue reading
Request your trial
-
National Ins. Ass'n v. Simpson
...does not create a household. Great Am. Ins. Co. v. Marshall, 266 F.Supp. 208, 211 (D.S.C.1967); Universal Underwriters Ins. Co. v. Evans, 565 So.2d 741, 743 (Fla.Dist.Ct.App.1990); Shivvers v. Am. Family Ins. Co., 589 N.W.2d at Over the years, the courts have examined a number of factors to......
-
National Insurance Association v. Simpson, No. M2002-03109-COA-R3-CV (TN 6/7/2004)
...does not create a household. Great Am. Ins. Co. v. Marshall, 266 F. Supp. 208, 211 (D.S.C. 1967); Universal Underwriters Ins. Co. v. Evans, 565 So. 2d 741, 743 (Fla. Dist. Ct. App. 1990); Shivvers v. Am. Family Ins. Co., 589 N.W.2d at Over the years, the courts have examined a number of fac......
-
Shivvers v. American Family Ins. Co.
...May 14, 1993) (holding that term does not encompass landlord-tenant or simple roommate arrangements); Universal Underwriters Ins. Co. v. Evans, 565 So.2d 741, 743 (Fla.App.1990) (stating that "[w]hatever else the word 'household' may suggest, we have no difficulty holding that it does not e......
-
Continental Ins. Co. v. Roberts, No. 04-12566.
...898-99 (Fla. 1st DCA 2003); Kepple v. Aetna Cas. & Sur. Co., 634 So.2d 220, 221-22 (Fla. 2d DCA 1994); Universal Underwriters Ins. Co. v. Evans, 565 So.2d 741, 742 (Fla. 5th DCA 1990); Row v. United Servs. Auto. Ass'n, 474 So.2d 348, 349 (Fla. 1st DCA 1985); Gen. Guar. Ins. Co. v. Broxsie, ......
-
Admiralty - Robert S. Glenn, Jr., Colin A. Mcrae, and Jessica L. Mcclellan
...2003); Kepple v. Aetna Cas. & Sur. Co., 634 So. 2d 220, 221-22 (Fla. 1st Dist. Ct. App. 1994); Universal Underwriters Ins. Co. v. Evans, 565 So. 2d 741, 742 (Fla. 5th Dist. Ct. App. 1990); Row v. United Servs. Auto. Ass'n, 474 So. 2d 348, 349 (Fla. 1st Dist. Ct. App. 1985); Gen. Guar. Ins. ......