TIMOTHY PHILBIN, A MINOR, BY AND THROUGH THERESA BLAND EDWARDS, COURT APPOINTED ATTORNEY AD LITEM AND GUARDIAN FOR THE PURPOSE OF THIS LAWSUIT, INDIVIDUALLY AND AS JUDGMENT CREDITOR OF WILLIAM CURTIS, APPELLANT/CROSS-APPELLEE,
v.
AMERICAN STATES INSURANCE COMPANY, APPELLEE/CROSS-APPELLANT
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Timothy Philbin sued American States Insurance Company for bad faith after the insurer denied coverage to William Curtis, who was not a named insured on his parents' homeowner's policy. The court reversed the trial court's dismissal of Philbin's bad faith complaint against American States and rendered moot the main appeal by holding that William Curtis was not covered under the policy because he was not a resident of his parents' household.
William Curtis was not an insured under the policy because he did not qualify as a resident of his parents' household under the policy's family member definition. No material issues of fact exist on this issue. Therefore, American States had no duty to defend or settle on behalf of William, and the trial court's dismissal with prejudice should be reversed, with judgment entered in favor of American States.
[1] An insurance policy's definition of "insured" as a "resident of your household" requires that the individual dwell or live together with the named insured on a permanent…
[2] A tenant renting a separate residence owned by his parents is not considered a "resident of the household" of his parents for purposes of an insurance policy.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a policy with a resident family household member provision, requires that those members of the 'household' dwell or live together on a permanent basis.”
Establishes the controlling legal standard for what constitutes a 'resident of the household' under an insurance policy.
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Join FLexlaw to unlock all legal intelligencePhilbin was attacked by a pit bull owned by William Curtis and housed at a residence that William leased from his parents, Richard and Rosemary Curtis…
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PER CURIAM.
Appellant/Cross-Appellee, Timothy Philbin (“Philbin”), appeals the trial court’s dismissal with prejudice of his fourth amended complaint for failure to state a cause of action. Appellee/Cross-Appellant, American States Insurance Company (“American States”), appeals the trial court’s denial of its motion for summary judgment. We reverse the denial of the summary judgment, rendering moot our consideration of the issues on the main appeal.
Philbin was attacked by a pit bull housed at a residence owned by Richard and Rosemary Curtis (the “Curtises”). At the time of the attack, the Curtises’ son, William, was leasing the residence from his parents. Richard and Rosemary resided in a different residence. William was the owner of the pit bull and housed the canine at the residence. The residence was insured by American States. The Curtises were named insureds under the policy. Although William was not listed as a named insured under the policy, the policy provides the following definition:
“insured” means
a. If you are designated in the Declarations as an individual:
(1) you and the following residents of your household:
(a) your relatives;
Philbin brought suit against the Curtises as owners of the residence where the attack occurred, and William as lessee of the premises and owner of the pitbull. American States settled the claim against the Curtises as the named insureds under the insurance policy, but did not provide a defense for William, nor attempt to settle the claim on his behalf. The claims against William pro ceeded to trial, and Philbin was awarded $2,300,000 in damages against William.
Philbin obtained a court order assigning him William’s “chose in action” for bad faith against American States, and filed suit against American States seeking to recover the $2,300,000 judgment.
After Philbin’s initial complaint was filed, American States filed a motion for summary judgment, asserting that William was not a “resident of the household” of the named insureds, the Curtises, and thus was not insured under the policy. The trial court denied the motion. Philbin amended his complaint several more times, the last of which was dismissed with prejudice for failure to state a cause of action. Philbin appealed that order, and American States appealed the order denying its motion for summary judgment.
The record reveals that there are no material issues of fact since the record undisput-ably shows that William Curtis was not a resident relative of his parents’ household. He did not live with them, as their depositions clearly show. To the contrary, the record shows that William was renting another residence owned by his parents. We have held that “a policy with a resident family household member provision, requires that those members of the ‘household’ dwell or live together on a permanent basis.” Sembric v. Allstate Ins. Co., 434 So. 2d 963, 964 (Fla. 4th DCA 1983) (citation omitted); see also Mason v. USAA Cas. Ins. Co., 438 So. 2d 1013, 1013 (Fla. 4th DCA 1983); American Sec. Ins. Co. v. Van Hoose, 416 So. 2d 1273, 1275-76 (Fla. 5th DCA 1982). While William may have resided in a house owned by his parents, he was not a resident of their household.
We therefore reverse and remand for entry of a judgment in favor of American States.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
STONE, C.J., GUNTHER and WARNER, JJ., concur.
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Fla. Residential Prop. & Cas. Joint Underwriting Ass'n v. Anthony, 842 So. 2d 951 (Fla. 4th DCA 2003)…never a resident of her sister’s household within the meaning of the policy. The trial court granted Anthony’s motion for summary judgment and denied that of Florida Residential. This case is controlled by Philbin v. American States Insurance Co., 729 So. 2d 484 (Fla. 4th DCA 1999). In Philbin, a son sought coverage under his parent’s homeowner’s policy for injuries caused by his pit bull at his parent’s home. The son leased the property from his parents. See id. at 484. The parents did not live at the pro…
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Osterhout v. Tower Hill Preferred Ins. Co. & Elizabeth Ortiz, 39 So. 3d 1291 (Fla. 4th DCA 2010)…PER CURIAM. Affirmed. See Fla. Residential Prop. & Cas. Joint Underwriting Ass’n v. Anthony, 842 So. 2d 951 (Fla. 4th DCA 2003); Philbin ex rel. Edwards v. Am. States Ins. Co., 729 So. 2d 484 (Fla. 4th DCA 1999). GROSS, C.J., CIKLIN, J„ and KEYSER, JANIS, Associate Judge, concur.…
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Dade Medics & Rehab Ctrs. LLC v. Infinity Indem. Ins. Co. (Fla. 3d DCA 2026)…2) (“Summary judgment is appropriate where the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." (quotation omitted)); Philbin ex rel. Edwards v. Am. States Ins. Co., 729 So. 2d 484, 485 (Fla. 4th DCA 1999) ("The record reveals that there are no material issues of fact since the record undisputably shows that [claimant] was not a resident relative of his parents' household.").…
Authorities Cited
- Am. Sec. Ins. Co. v. VAN Hoose, 416 So. 2d 1273 (Fla. 5th DCA 1982)
- Sembric v. Allstate Ins. Co., 434 So. 2d 963 (Fla. 4th DCA 1983)
- Braswell v. Braswell, 438 So. 2d 1013 (Fla. 4th DCA 1983)