INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION, APPELLANT,
v.
WILLIE MAE STRAUSS AND BERTIE STRAUSS, APPELLEES

Fla. 2d DCA | 1970-02-13
No. 69-441
PIERCE, Acting C. J., and MANN, J., concur.
231 So. 2d 548 Florida District Court of Appeal, Second District (1970) Negative Treatment
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The court considered whether the one-year insolvency provision for a tortfeasor's insurer, as stated in the statute, limits an insured's uninsured motorist coverage when the tortfeasor's insurer becomes insolvent more than a year after the accident.


Holding

The court determined that the one-year provision in the statute regarding the insolvency of the tortfeasor's insurer does not impose a limitation on the appellant's liability under the uninsured motorist policy.


Headnotes

[1] An "uninsured motor vehicle" includes an insured motor vehicle where the liability insurer of the tortfeasor becomes insolvent within one year after the accident.

[2] Statutory "insolvency protection" under uninsured motorist coverage is applicable only to accidents occurring during a policy period in which the insured's uninsured moto…

Previewing 2 of 4 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

Facts & Procedural History

Appellees were in an accident with an insured tortfeasor. The tortfeasor's liability insurer was adjudicated insolvent more than one year after the ac…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
McNULTY, Judge.

McNULTY, Judge.

This is an interlocutory appeal from a partial summary judgment entered in favor of plaintiffs-appellees on an uninsured motorist provision of their policy of liability insurance issued by appellant.

While the aforesaid policy was in force, appellees were involved in an automobile accident for which the alleged tort-feasor, at the time of the accident, was himself covered by liability insurance. More than one year after the accident, however, and before plaintiffs-appellees could perfect or enforce any claim against the tort-feasor or his insurer, the insurer was adjudicated insolvent, thus bringing into play the provisions of § 627.0851, F.S.A. Subsection (1) of this section requires that every liability insurance policy issued in this state must include a prescribed minimum amount of “uninsured motor vehicle” coverage, unless expressly rejected by the insured. Subsection (2) of the aforesaid § 627.0851, F.S.A., defines “uninsured motor vehicle”, providing as follows:

“For the purposes of this coverage the term ‘uninsured motor vehicle’ shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency.”

So this subsection expands, by definition, an “uninsured motor vehicle” to include one which is covered by liability insurance at the time of the accident, but against the insurer of which a claim is uncollectable because of the subsequent insolvency of such insurer. This protection is called “insolvency protection” by subsection (3) of the same statute, which provides as follows:

“An insurer’s insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured’s uninsured motorist coverage is in effect where the liability insurer of the tort-feasor becomes insolvent within one year after such an accident. Nothing herein contained shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.” (Emphasis supplied.)

It is to be noted at this point that the policy in this case is silent altogether as to any provisions relating to insolvency protection; therefore the proviso in the last sentence of subsection (3), above, is inapplicable, and nothing in the policy can be construed to afford “more favorable” coverage to appellees.

Considering, then, the terms of § 627.-0851, F.S.A., which are incorporated into every insurance policy to which they relate, the trial judge determined that the one-year provision of subsection (3) thereof, relating to insolvency of the tort-feasor’s insurer, did not impose a limitation on the time within which appellant could be liable under the policy. Accordingly, and notwithstanding that it was undisputed in the summary judgment proceedings that the tort-feasor’s insurer was not adjudicated insolvent until more than one year after the accident, the trial judge entered a summary judgment against appellant on this point and this appeal ensued. We reverse.

We are of the view that the obvious intent of the legislature in enacting § 627.-0851, F.S.A., was to impose a minimum area of coverage in the uninsured motorist tort situation. This coverage includes the insolvency protection noted above. The proviso in subsection (3) of the statute relating to “more favorable” coverage merely suggests that the insurer may, by the terms of its policy, offer a wider area of coverage in such uninsured motorist situations than that prescribed therein as the *550minimum. But at the same time, by its very nature, the minimum coverage required also operates as a limitation of an insured’s exposure thereunder in the absence of a wider contractual limitation.

Here, the policy issued by the appellant did not provide for “more favorable” coverage. Therefore, appellant is bound only to the minimum extent required by the statute; i. e., it is liable only on a claim arising out of an accident, occurring while the policy was in force, in which the tort-feasor is uninsured or, if insured, where his insurer “becomes insolvent within one year after such an accident.” Summary judgment in favor of the plaintiffs-appellees, and predicated on the ground that the one-year provision of the statute was not a limitation of exposure of appellant herein, was therefore error.

Reversed.

PIERCE, Acting C. J., and MANN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Williams v. Hartford Accident & Indem. Co., 382 So. 2d 1216 (Fla. 1980)
    …insured vehicle coverage to be available for further compensation. Golphin v. Home Indemnity Co., 284 So. 2d 442 (Fla. 1st DCA 1973); Continental Insurance Co. v. Wallace, 233 So. 2d 195 (Fla. 3d DCA 1970); Insurance Co. of North America v. Strauss, 231 So. 2d 548 (Fla. 2d DCA 1970); Gordon v. Phoenix Insurance Co., 242 So. 2d 485 (Fla. 1st DCA 1970). In that instance, the tortfeasor was, in insurance parlance, an “underinsured motorist,” not an “uninsured motorist.” Some policies provided underinsured vehic…
  • Golphin v. The Home Indem. Co., 284 So. 2d 442 (Fla. 1st DCA 1973)
    …onclusions expressed in the final judgment rendered in this cause, and the judgment is accordingly affirmed. RAWLS, C. J., and DREW, Associate Judge, concur. . F.S. § 627.727, F.S.A. . Insurance Company of North America v. Strauss (Fla.App.1970), 231 So. 2d 548. . Continental Insurance Co. v. Wallace (Fla.App.1970), 233 So. 2d 195. . Gordon v. Phoenix Insurance Company (Fla.App.1970), 242 So. 2d 485. . Porter v. Empire Eire and Marine Insurance Co., 12 Ariz.App. 2, 467 P. 2d 77; 106 Ariz. 274, 475 P. 2d…
  • Adele Fredel v. S. Gen. Ins. Co., 233 So. 2d 451 (Fla. 3d DCA 1970)
    …by David M. Pack, Commissioner of Insurance and Banking, was appointed Receiver. That a cease and desist order was issued and effective on June 12, 1968.” In Insurance Company of North America v. Willie Mae Strauss and Bertie Strauss, Fla.App.1970, 231 So. 2d 548, Judge McNulty held that an insurer “is liable only on a claim arising out of an accident, occurring while the policy was in force, in which the tort-feasor is uninsured or, if insured, where his insurer ‘becomes insolvent within one year after such…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw