BUDGET RENT-A-CAR SYSTEMS, INC., APPELLANT,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, MORRIS SHERES AND MARCIA SHERES, APPELLEE

Fla. 4th DCA | 1997-08-20
No. 96-2244
GLICKSTEIN, J., and OFTEDAL, RICHARD L., Associate Judge, concur.
698 So. 2d 608 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 4 cases

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Synopsis

Budget Rent-A-Car sought indemnification from an insured driver and his insurer (GEICO) after the driver negligently damaged a rental vehicle. The trial court denied coverage based on GEICO's policy exclusion, but the appellate court reversed, holding that the policy's third-party defendant exclusion should be interpreted substantively rather than based on procedural labeling and the order in which claims were filed.


Holding

The court reversed and held that GEICO's policy provided coverage for Budget's cross-claim against Mr. Sheres. The court concluded that when an insurer fails to define a term in its policy, coverage should not be denied based on procedural labels or the order in which claims were filed, but rather on the substance of who is filing the claim against the insured.


Headnotes

[1] An insurance policy's exclusionary language will be interpreted liberally in favor of the insured when the insurer fails to define a term within the policy.

[2] An insurance policy's exclusionary language will not be interpreted narrowly or restrictively when the insurer fails to define a term within the policy.

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Key Quotes

“When an insurer fails to define a term in a policy, as it did here, it cannot take the position that there should be a 'narrow, restrictive interpretation of the coverage provided.'”

Establishes that undefined policy terms must be interpreted liberally in favor of the insured, not restrictively by the insurer.

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Facts & Procedural History

Morris Sheres, insured by GEICO, negligently drove a rental vehicle from Budget and struck a pole, injuring his wife who was a passenger. Mrs. Sheres …

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Opinion of the Court
KLEIN, Judge.

KLEIN, Judge.

Morris Sheres, who was insured by Government Employees Insurance Company (GEICO), negligently drove a vehicle rented from Budget Rent-A-Car and struck a pole, injuring his wife who was a passenger. She sued Mr. Sheres and Budget, and Budget filed a cross-claim for indemnity against Mr. Sheres and GEICO. Budget settled with Mrs. Sheres, and the trial court subsequently concluded that the GEICO policy did not cover Budget’s cross-claim against Mr. Sheres for indemnification. We reverse.

GEICO relied upon the following exclusionary language in its policy: 6. Your bodily injury or your spouse’s bodily injury is not covered. We will cover a spouse if named as a third party defendant in a legal action initiated by his or her spouse against another party, (emphasis added).

Rule 1.180, Florida Rules of Civil Procedure defines a third party defendant as follows:

At any time after commencement of the action a defendant may have a summons and complaint served on a person not a party to the action who is or may be liable to the defendant for all or part of the plaintiffs claim against the defendant.... The person served with the summons and third-party complaint, herein called the third-party defendant, shall make defenses to the defendant’s claim ... and counterclaims against the defendant and cross-claims against other third-party defendants _(emphasis added).

GEICO argues that because Mr. Sheres was already a party to the action as a result of having been sued by his wife, he is not a third-party defendant within the meaning of rule 1.180, and is accordingly not covered. We disagree with GEICO’s argument, because we find that its reliance on rule 1.180 to define third-party defendant is overly restrictive. When an insurer fails to define a term in a policy, as it did here, it cannot take the position that there should be a “narrow, restrictive interpretation of the coverage provided.” National Merchandise Co. v. United Serv. Auto. Ass’n, 400 So. 2d 526, 530 (Fla. 1st DCA1981).

Parties often get labelled in law suits by happenstance, depending on when, rather than by whom, they are sued. We believe that the insurer intended to provide coverage where, as here, Mr. Sheres was being sued by a tortfeasor who was being sued by Mr. Sheres’ spouse. If Mrs. Sheres had not sued Mr. Sheres until after Budget had brought Mr. Sheres into the case as a third party defendant, there would be coverage for Mr. Sheres on Budget’s claim against him. To deny coverage merely on the basis of when Mr. Sheres was first brought into the law suit, when the claims would be identical under both scenarios, produces, in our opinion, an absurd result. As our supreme court stated in Inter-Ocean Casualty Co. v. Hunt, 138 Fla. 167, 189 So. 240, 242-43 (1939):

If one interpretation looking to the other provisions of the contract and to its general object and scope would lead to an absurd conclusion, such interpretation must be abandoned, and that adopted which will be more consistent with reason and probability. In all cases the policy must be liberally construed in favor of the insured.

We conclude that we should look at the substance of Budget’s claim against Mr. Sheres, and that coverage should not turn on the order in which the claims were filed, but rather on who was filing the claim against Mr. Sheres. We therefore find coverage for Budget’s claim against Mr. Sheres and reverse.

GLICKSTEIN, J., and OFTEDAL, RICHARD L., Associate Judge, concur.


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Cited By

  • State Comprehensive Health Ass'n v. Gerri A. Carmichael, 706 So. 2d 319 (Fla. 4th DCA 1997)
    …define a term in a policy, as it failed to in this case, the insurer cannot take the position that there should be [*321] a “narrow, restrictive interpretation of the coverage provided.” Budget Rent-A-Car Sys., Inc. v. Government Employees Ins. Co., 698 So. 2d 608, 609 (Fla. 4th DCA 1997) (citing National Merchandise Co., Inc. v. United Serv. Auto. Ass’n, 400 So. 2d 526, 580 (Fla. 1st DCA 1981)); see also Pridgen, 498 So. 2d at 1247 n. 8. In other contexts, self-insurance has not been considered a policy of i…
  • Abreu v. Lloyd's, 877 So. 2d 834 (Fla. 3d DCA 2004)
    …on that there should be a ‘narrow, restrictive interpretation of the coverage provided.’ ” State Comprehensive Health Ass’n v. Carmichael, 706 So. 2d 319, 320-21 (Fla. 4th DCA 1997) (quoting Budget Rentr-A-Car Sys., Inc. v. Gov’t Employees Ins. Co., 698 So. 2d 608, 609 (Fla. 4th DCA 1997)). Consequently, the lack of a definition of the term “on open highway” precludes Lloyd’s from taking the position that the theft coverage provided by this policy does not apply to a vehicle parked overnight on the side of a…

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