HARRY RINGENBERGER, APPELLANT,
v.
GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD., A FOREIGN CORPORATION, APPELLEE
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Harry Ringenberger purchased an automobile liability policy covering two vehicles and sought to aggregate uninsured motorist coverage limits from both vehicles for a total of $20,000. The Fourth District Court of Appeal held that the policy limits him to $10,000 per person per accident, affirming the trial court's declaratory judgment in favor of the insurer.
The court held that Ringenberger's uninsured motorist coverage is limited to $10,000 per person per accident. The plain language of the limit of liability clause in the declarations restricts liability to the amount stated, regardless of the number of vehicles covered under the policy. No ambiguity exists that would require aggregation.
“In our opinion the limit of liability clause in General Accident's policy plainly limits the liability to the amount stated in the declarations.”
Establishes the primary holding that unambiguous policy language restricts coverage to stated limits regardless of multiple vehicles.
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Join FLexlaw to unlock all legal intelligenceRingenberger purchased an auto liability policy from General Accident that covered two vehicles: a 1965 Oldsmobile and a 1955 Buick. The policy separa…
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The appellant, Harry W. Ringenberger, purchased an automobile liability policy from the appellee, General Accident Fire And Life Assurance Corporation, Ltd. (hereafter referred to as General Accident). The policy provided the protection against uninsured motorists required by Florida law. When this policy was in effect Mr. Ringenberger while in a non-owned automobile was involved in a collision with an uninsured motorist. Afterwards, General Accident tendered to Mr. Ringenberger $9,500 ($10,000 less $500 previously paid under a medical payment provision) in full satisfaction of its liability under the policy. Mr. Ringenberger refused the payment and General Accident filed suit for a declaratory decree. The sole issue presented to the trial court by stipulation of the parties was whether the liability of General Accident under the policy for uninsured motorist coverage was limited to $10,000 or to $20,000. The trial court resolved this issue in favor of General Accident and Mr. Ringenberger appeals from the final decree.
The policy is divided into four parts. Part IV provides uninsured motor*377ists coverage. Following Part IV of the policy is a list of the general conditions which apply to some or all of the parts. In addition to the parts described above the policy also has two pages of declarations. The first page shows the name of the insured, Harry W. Ringenberger, and specifies one insured automobile, to-wit, a 1965 Oldsmobile. The following page of the declarations is entitled “Endorsement * * * Amendment of Declarations”. It describes a second automobile on which insurance is afforded — a 1955 Buick. In the declaration the premiums with respect to each of the automobiles and coverage afforded thereon are separately stated. In the declaration covering the Oldsmobile the premium is $5.00 for uninsured motorists coverage. In the endorsement which covers the Buick the premium for uninsured motorists is $4.00. Both of the declarations provide limits of liability in the amount of $10,000 for each person with respect to uninsured motorist coverage.
Other pertinent language from t.he policy is as follows:
“PART IV — PROTECTION AGAINST UNINSURED MOTORISTS
“ * * *
“Definitions
“ * * *
“ ‘insured automobile’ means:
“(a) an automobile described in the policy for which a specific premium charge indicates that coverage is afforded, * * *
«* * *
“Exclusions
“This policy does not apply under Part IV:
“(a) to bodily injury to an insured while occupying an automobile (other than an insured automobile) owned by the named insured * * *
“Limits of Liability
“ (a) The limit of liability for uninsured motorists coverage stated in the declarations as applicable to ‘each person’ is the limit of the company’s liability for all damages, including damages for care or loss of services, because of bodily injury sustained by one person as the result of any one accident * * * ” (Emphasis added.)
The appellant contends that because he has insured two vehicles under the policy, he in effect has two policies each of which provides him with $10,000 coverage for one person in one accident and, therefore, has a total of $20,000 for limits of liability. The appellant claims that General Accident’s expert witness testified that when the second automobile was added to the insurance policy by the endorsement, there was no increase in “exposure” to the insurance company. For this reason, the insured would get nothing for his additional premium unless he received another $10,000 in limits of liability. As we understand the testimony, the witness stated that the addition of the second automobile did not increase exposure to the company from accidents while the insured was occupying a non-owned automobile, but the exposure to the company was increased by the coverage provided with respect to accidents involving the additional owned automobile of the insured. The endorsement which added the Buick had the effect of removing from the exclusion under Part IV, bodily injury to the ' insured while occupying the Buick. By the endorsement the risk of such bodily injury became an insured risk. This in our opinion was the consideration for the additional premium.
The appellant also bases his claim to coverage on the case of Government Employees Insurance Co. v. Sweet, Fla.App. 1966, 186 So.2d 95. The issue in that case was the limit of liability for medical payments to an insured under a similar type policy where the insured owned' two automobiles and the premiums were separately stated. The insurance policy there before the court had a similar clause with respect *378to limits of liability, but it also had a clause which provided that when two or more automobiles are insured under the policy the terms of the policy shall apply separately to each. It was because of this clause that the court found a conflict between the limit of liability provision and the “two or more automobiles” clause and interpreted the policy as providing double coverage thereby resolving the conflict in favor of the insured. No such conflict exists in the present case. Here there is no “two or more automobiles” clause which applies to Part IV (the insured motorists coverage) of the insurance policy. There is, therefore, no basis for a finding of an ambiguity in the present policy. All of the other cases cited by the appellant in his brief turn on the existence of a “two or more automobiles” clause similar to that in the Sweet case. They are, for that reason distinguishable from the facts in the present case.
In our opinion the limit of liability clause in General Accident’s policy plainly limits the liability to the amount stated in the declarations. The amount stated in the declarations with respect to the uninsured motorists coverage is $10,000 for each person. If greater coverage is afforded in the face of this language, it would require a judicial redraft of the insurance contract. Strictness in construing an insurance contract should not extend to adding a meaning to language that is clear. Rigel v. National Casualty Company, Fla. 1954, 76 So.2d 285. On facts somewhat similar to those in the present case, the First District Court of Appeal in Hilton v. Citizens Insurance Company of New Jersey, Fla.App. 1967, 201 So.2d 904, held that uninsured motorists coverage could not be aggregated where coverage was provided in one policy on two motor vehicles.
Affirmed.
WALDEN, C. J., and SILVERTOOTH, LYNN N., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Morrison Assurance Co., Inc. v. Polak, 230 So. 2d 6 (Fla. 1969)…ent entered by the lower court in favor of the respondent under the authority of Sellers v. Government Employees Insurance Co., Fla.App.1968, 214 So. 2d 879. Possible conflict with Ringenberger v. General Accident F. & L. Assur. Corp., Fla.App.1968, 214 So. 2d 376, was noted. We issued the writ because of such conflict as authorized by Sec. 4, Art. V, Florida Constitution, F.S.A. The respondent and her deceased husband held a basic combination automobile policy with the petitioner insurance company covering…1 / 3
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Morrison Assurance Co., Inc. v. Polak, 216 So. 2d 484 (Fla. 3d DCA 1968)…etermined that the point is governed by the law as set forth in Sellers v. Government Employees Insurance Co., Fla.App.1968, 214 So. 2d 879. Counsel for the parties have also cited Ringenberger v. General Accident F. & L. Assur. Corp., Fla.App.1968, 214 So. 2d 376, which we are informed may be in conflict with this decision. Affirmed.…
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Ringenberger v. Gen. Accident Fire & Life Assurance Corp. Ltd., 232 So. 2d 381 (Fla. 1970)…n the case of Morrison Assurance Co., Inc. v. Polak, Fla., 230 So. 2d 6, opinion filed December 17, 1969. This Court in Morrison Assurance Co., supra, having expressly approved and followed the decision of the district court in the case sub judice (214 So. 2d 376), the Petition for Writ of Certiorari is hereby denied. It is so ordered. DREW, acting C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rigel v. Nat'l Cas. Co., 76 So. 2d 285 (Fla. 1954)
- Villa Keys v. Heringer, 186 So. 2d 95 (Fla. 4th DCA 1966)
- Hilton v. Citizens Ins. Co. of N.J., 201 So. 2d 904 (Fla. 1st DCA 1967)