UNITED SERVICES AUTOMOBILE ASSOCIATION, APPELLANT,
v.
CLARK W. SETCHFIELD, GRACE A. SWAIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN JACOB ARNIE, DECEASED, ROBIN LYNN CELINKO, AND STEPHEN G. WATTS, AS ADMINISTRATOR PENDENTE LITE OF THE ESTATE OF BETTY LOUISE SMITH, DECEASED, APPELLEES

Fla. 2d DCA | 1980-04-16
No. 79-971
HOBSON, Acting C. J., and BOARD-MAN, J., concur.
384 So. 2d 34 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 3 cases

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Holding

The court held that the appellant's complaint stated a cause of action for declaratory relief.

Facts & Procedural History

Appellant's action for declaratory relief was dismissed with prejudice by the court below. The issue involved the validity and effectiveness of an end…

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Topics
Insurance Coverage Dispute Declaratory Judgment

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Opinion of the Court
ORR, GEORGE, Associate Judge.

ORR, GEORGE, Associate Judge.

The court below granted the motion to dismiss with prejudice the appellant’s action for declaratory relief. After reviewing the complaint, we hold that appellant’s complaint did state a cause of action and reverse the judgment below.

The Declaratory Decree Act, Section 86.011, Florida Statutes (1977), should be liberally construed toward its purpose. The supreme court in May v. Holley, 59 So. 2d 636, 639 (Fla.1952), set out the criteria for determining the appropriateness of a declaratory judgment. A court may render a declaratory judgment of “ ‘any immunity, power, privilege or right’ or ‘any fact upon which the existence or nonexistence of such immunity, power, privilege or right does or may depend.’ ”

Furthermore, the courts have often held that “disagreements as to the coverage of insurance, although not purely factual disputes, are a proper subject for declaratory judgment.” Perez v. State Auto Insurance Association, 270 So. 2d 377 (Fla. 3d DCA 1972).

Since in the case at bar the validity and effectiveness of the endorsement or instrument allegedly terminating the insurance contract is at issue, the same is a proper subject for declaratory judgment.

REVERSED and REMANDED.

HOBSON, Acting C. J., and BOARD-MAN, J., concur.

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Citator

Cited By

  • The Travelers Ins. Co. v. Emery, 579 So. 2d 798 (Fla. 1st DCA 1991)
    …e Ins. Co., 472 So. 2d 1291 (Fla. 2d DCA 1985), review denied, 484 So. 2d 10 (Fla. 1986); State Farm Mut. Auto. Ins. Co. v. Chapman, 415 So. 2d 47 (Fla. 5th DCA 1982), review denied, 426 So. 2d 29 (Fla.1983); United Servs. Auto. Ass’n v. Setchfield, 384 So. 2d 34 (Fla. 2d DCA 1980) (since the validity and effectiveness of the endorsement or instrument allegedly terminating the insurance contract was at issue, the same was the proper subject for declaratory judgment); Travelers Ins. Co. v. Lee, 358 So. 2d 88…
  • Mandarin Lakes Cmty. Ass'n, Inc. v. Mandarin Lakes Neighborhood Homeowners Ass'n, Inc., 322 So. 3d 1196 (Fla. 3d DCA 2021)

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