TRAVELERS INDEMNITY COMPANY, PETITIONER,
v.
RAUL GONZALEZ, ETC., ET AL., RESPONDENTS
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The minimum amount of insurance required on a per-person basis for private school buses with fewer than twenty-four seats is the same as that required for multiple claimants: $5,000 multiplied by the rated seating capacity or $100,000, whichever is greater.
The case involves a private school bus with fewer than twenty-four seats. The parties agree that the required liability insurance is set forth in the …
The full statement of facts, procedural history, and disposition for this case are member content.
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GRIMES, Justice.
We review Travelers Indemnity Co. v. Gonzalez, 593 So. 2d 330 (Fla. 3d DCA1992), in which the court certified the following question as one of great public importance:
WHAT IS THE MINIMUM AMOUNT OF INSURANCE REQUIRED ON A PER-PERSON BASIS FOR PRIVATE SCHOOL BUSES WITH FEWER THAN TWENTY-FOUR SEATS WHICH ARE WITHIN THE CLASS DESCRIBED BY SECTION 316.615, FLORIDA STATUTES (1989)?
Id. at 330. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In reaching its conclusion, the court below relied upon its prior decision in Suazo ex rel. Suazo v. Del Busto, 587 So. 2d 480 (Fla. 3d DCA1991). This Court has now approved that decision. Travelers Indem. Co. v. Suazo, 614 So. 2d 1071 (Fla.1992).
The instant case meaningfully differs from Del Busto only in the fact that the nonpublic-sector school bus involved had a seating capacity of less than twenty-four pupils. However, as in Del Busto, the parties agree that the liability insurance required for the Gonzalez bus is that which is set forth in the regulations contained in the Florida Highway Patrol manual. The manual contains the same liability insurance requirements for buses with a seating capacity of less than twenty-four pupils as it does for those with a greater seating capacity, such as the Del Busto bus.
Therefore, consistent with Del Busto, we answer the certified question by holding that the amount of liability insurance required on a per-person basis for private school buses with fewer than twenty-four seats is the same as that required for multiple claimants, to wit: $5,000 multiplied by the rated seating capacity of the bus, or $100,000, whichever is greater. It is so ordered.
BARKETT, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur. McDONALD, J., dissents.
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Insua v. Chantres, 665 So. 2d 288 (Fla. 3d DCA 1995)…ion of Travelers’ own independent declaratory actions to determine the extent of coverage which culminated in the supreme court decisions of [*289] Travelers Indemnity Co. v. Suazo, 614 So. 2d 1071 (Fla.1992) and Travelers Indemnity Co. v. Gonzalez, 614 So. 2d 1074 (Fla.1992). While the latter cases were proceeding, however, a year went by without record activity in this one and the trial judge therefore dismissed the action on her own motion under Florida Rule of Civil Procedure 1.420(e). Although the plainti…
Authorities Cited
- Suazo v. DEL Busto, 587 So. 2d 480 (Fla. 3d DCA 1991)
- Travelers Indem. Co. v. Suazo, 614 So. 2d 1071 (Fla. 1992)
- Travelers Indem. Co. v. Gonzalez, 593 So. 2d 330 (Fla. 3d DCA 1992)