Velasquez v. American Mfrs. Mut. Ins. Co., 79-1381
| Decision Date | 05 August 1980 |
| Docket Number | No. 79-1381,79-1381 |
| Parties | Manuel VELASQUEZ, Appellant, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and Tropical Chevrolet, t/aTropical Leasing, Inc., Appellees. |
| Court | Florida District Court of Appeals |
Mandina & Lipsky and Philip J. Mandina, Miami, for appellant.
Jeanne Heyward, Peters, Pickle, Flynn, Neimoeller, Stieglitz & Hart, Quinton, Lummus, Dunwody & Adams and James D. Adams, Miami, for appellees.
Before HENDRY and BASKIN, JJ. and PEARSON, TILLMAN (Ret.), Associate Judge.
Manuel Velasquez, a minor, was struck by an unidentified motorist while he was walking on a highway. He claimed uninsured motorist coverage from the appellee American Manufacturers Mutual Insurance Company, the insurance carrier for Tropical Chevrolet, and in the alternative, he claimed damages against Tropical Chevrolet for failure to provide contracted insurance coverage. The trial judge heard the testimony and examined the evidence submitted and found that Velasquez was not entitled to insurance coverage under either theory. This appeal is from that judgment. We affirm.
The following facts were supplied by stipulation. Raul Velasquez rented an automobile on July 9, 1975, from Tropical Chevrolet, Inc. The rental was necessitated because Raul's vehicle was being repaired by Tropical Chevrolet, Inc., at the time. On his personal vehicle he carried the standard auto insurance policy including uninsured motorist coverage. On July 17, 1975, Raul's son, Manuel Velasquez, had driven the vehicle into the area of 72nd Avenue and 42nd and 43rd Streets, wherein the vehicle ceased to operate and was left off the roadway in a grassy area. Manuel started walking toward a service station which he knew to be in the area. During his journey, as a pedestrian, toward the service station, he was struck by a vehicle which immediately left the scene of the accident. Manuel Velasquez was a pedestrian when he was struck by a vehicle which immediately left the scene of the accident, as indicated, and therefore Manuel Velasquez was injured while walking as a pedestrian. The rental agreement which was signed by Raul Velasquez, Manuel's father, specifically states: Manuel Velasquez was 17 years old on or about July 17, 1975, when the accident, which is the subject matter of this lawsuit, occurred. It was as a direct result of Manuel Velasquez' operation of the rental vehicle that he found himself in the vicinity where the accident occurred. Paragraph 4 on the reverse side of the rental agreement states: "Lessee is covered by an automobile liability insurance policy, copy of which will be made available for inspection upon request by Lessee, said policy does not apply to . . . (b) any liability of Lessee or other bodily injury, sickness, disease or death, or damage to property caused...
To continue reading
Request your trial
-
First Sec. Bank of Searcy v. Doe, 88-199
...using a vehicle as to which uninsured motorist coverage applied. Other Florida cases cited by U.S. Fire, Velasquez v. American Manuf. Mut. Ins. Co., 387 So.2d 427 (Fla.App.1980), and Thiem v. Hertz Corp., 732 F.2d 1559 (11th Cir.1984), are equally inapplicable to the discussion here, becaus......
-
Auto-Owners Ins. v. Above All Roofing, LLC
...So.2d 1191 (Fla. 2d DCA 1985); Fenwick v. Am. States Ins. Co., 520 So.2d 98-99 (Fla. 4th DCA 1988). Velasquez v. American Manufacturers Mutual Insurance Co., 387 So.2d 427 (Fla. 3d DCA 1980), is instructive. Mr. Velasquez' minor son was driving a rental car when it broke down. The son was s......
-
First Specialty Ins. v. Caliber One Indem.
...policy." The Doctors Co. v. Health Mgmt. Assocs., 943 So.2d 807, 810 (Fla. 2d DCA 2006) (citing Velasquez v. Am. Mfrs. Mut. Ins. Co., 387 So.2d 427, 428 (Fla. 3d DCA 1980)), review denied, 956 So.2d 455 (Fla. 2007). In this case, we conclude that the Caliber One definition of damages is not......
-
Curran v. Time Ins. Co., Civ. A. No. 82-314-JLL.
...of a policy in the absence of ambiguity, waiver, estoppel, or contradiction of public policy.2Velasquez v. American Manufacturers Mutual Insurance Co., 387 So.2d 427, 429 (Fla.App.1980). See also Blue Cross of Florida, Inc. v. Dysart, 340 So.2d 970, 974 (Fla.App.1976); United States Fire In......