COTTON STATES MUTUAL INSURANCE COMPANY, APPELLANT,
v.
ELENA S. ABDELNOUR JACOB, WILLIAM HOWARD CONDERMANN, JR., AND ROBERT BOOKBINDER, APPELLEES
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Cotton States Mutual Insurance Company sought a declaratory judgment to avoid coverage for William Condermann under an auto insurance policy issued to his employer, arguing an exclusion clause barred coverage when a person was engaged in duties related to an automobile business. The court held that Condermann, who was driving a sports car for personal pleasure while visiting a friend's repair shop, was not covered by the exclusion clause and thus remained insured under the policy.
The exclusion clause did not apply to Condermann because he received no consideration, had no duty or obligation to perform driving services, was driving the automobile for personal pleasure only, and was not employed in or otherwise engaged in duties in connection with an automobile business within the meaning of the policy.
[1] An "automobile business" exclusion in an insurance policy does not apply when an insured is driving a vehicle for personal pleasure and receives no consideration or is un…
[2] An "automobile business" exclusion in an insurance policy applies only when a person is employed in or otherwise engaged in duties connected with an automobile business.
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Join FLexlaw to unlock all legal intelligence“None of the following is an insured: any person while employed in or otherwise engaged in duties in connection with an automobile business.”
The crucial exclusion clause from the insurance policy at issue in the case.
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Join FLexlaw to unlock all legal intelligenceCondermann, an employee of Bohnert Roofing & Supply Company, was visiting a friend who owns an automobile paint and body repair shop. While at the sho…
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HENDRY, Judge.
A declaratory action was brought in the lower court by Cotton States Mutual Insurance Company, appellant herein, seeking a determination as to whether coverage was to be afforded the appellee, Condermann, under a policy of automobile insurance between appellant and Bohnert Roofing & Supply Company, Condermann’s employer. The subject policy contained an additional interest endorsement naming Condermann as such an additional interest-insured. Under the policy there were certain exclusions, the crucial one, dealing with the use of a vehicle other than one scheduled in the policy, recited:
“None of the following is an insured: any person while employed in or otherwise engaged in duties in connection with an automobile business.”
The facts, simply stated, are that William Howard Condermann, while visiting a friend who owns and operates an automobile paint and body repair shop, was presented with an opportunity to drive a certain Maserati sports car which was at the shop for minor repairs. While Conder-mann was driving the sports ear and the owner/operator was a passenger, they were involved in an accident with another vehicle. Thereafter one Elena S. Abdelnour Jacob filed a personal injury action against Condermann, the owner of the Maserati, the appellant-insurance company and others, seeking damages allegedly resulting from the vehicular accident between Con-dermann and Jacob. The appellant filed its declaratory action during the pendency of the personal injury action brought by Jacob. The trial court, as trier of law and fact, held that the above-quoted exclusion clause did not apply and that Condermenn was covered under the provisions of the policy of insurance. The insurer thereafter filed the instant appeal, contending that the trial court erred in its determination of the cov erage question because Condermann was engaged “in duties in connection with an automobile business.” We cannot agree with the position advanced by the appellant; we affirm the trial court’s order of final judgment.
Appellee urges affirmance on the authority of the holdings in American Hardware Mutual Insurance Co. v. Miami Leasing and Rentals, Inc., 362 So. 2d 28 (Fla.3d DCA 1978); Tropical Park, Inc. v. United States Fidelity & Guarantee Company, 357 So. 2d 253 (Fla.3d DCA 1978); Schaffer v. Government Employees Insurance Company, 280 So. 2d 504 (Fla.2d DCA 1973). We concur and affirm the conclusion of law reached by the trial court that the exclusion does not apply, since Condermann received no consideration, was under no duty or obligation to perform any driving services, was driving the automobile for his own personal pleasure only, and was clearly not employed in or otherwise engaged in duties in connection with an automobile business within the meaning of the policy of insurance.
Affirmed.
CHARLES CARROLL (Ret.), Associate Judge, dissents.
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Citator
Cited By
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Roberts v. United States Fid. & Guar. Co. & J. Glover Wilkins, Jr., 498 So. 2d 1037 (Fla. 1st DCA 1986)…s includes road testing and delivery. It is undisputed that Miller was engaged in the business of repairing and servicing vehicles designed for use on the public highways. Nevertheless, Roberts relies on Cotton States Mutual Insurance Co. v. Jacob, 379 So. 2d 129 (Fla. 3rd DCA 1980), to support his contention that the automobile business exclusion does not apply in this case. Cotton States is distinguishable from the instant case, however, for in Cotton States the driver of the vehicle was not engaged in the…
Authorities Cited
- Home Fed. Sav. & Loan Ass'n OF Hollywood v. Doppelt Indus. OF Miami, Inc., 357 So. 2d 253 (Fla. 3d DCA 1978)
- Am. Hardware Mut. Ins. Co. v. Miami Leasing & Rentals, Inc., 362 So. 2d 28 (Fla. 3d DCA 1978)
- Schaffer v. Gov't Emps. Ins. Co., 280 So. 2d 504 (Fla. 2d DCA 1973)