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First Floridian Auto and Home Ins. Co. v. Thompson

Citations: 763 So. 2d 407; 2000 WL 668510Docket: 2D99-2850

Court: District Court of Appeal of Florida; May 24, 2000; Florida; State Appellate Court

Narrative Opinion Summary

In this case, First Floridian Auto and Home Insurance Company appealed a summary judgment from the trial court, which favored Beverly J. Thompson. The dispute arose from the insurer's denial of coverage for injuries Thompson sustained while a passenger in her mother’s vehicle, citing an exclusionary clause for injuries to relatives residing in the same household as the insured. The trial court found the term 'resident' ambiguous and ruled that Thompson was not a resident, despite her temporary stay during marital difficulties. Thompson had been residing in Minnesota and was in Florida temporarily to explore options during her separation. The appellate court affirmed the trial court’s decision, agreeing that the exclusionary clause was incorrectly applied by the insurer, and that no genuine issues of material fact existed regarding her residency status. Consequently, the court upheld the trial court's judgment, thus ensuring coverage for Thompson under her mother’s insurance policy.

Legal Issues Addressed

Application of Exclusionary Clauses in Insurance Policies

Application: The appellate court upheld that the exclusionary clause was improperly applied as the insured was not deemed a resident of the household.

Reasoning: The appellate court affirmed the trial court's decision, agreeing that the insurer improperly applied the exclusionary clause and that there were no genuine issues of material fact regarding Thompson's residency.

Interpretation of Insurance Policy Terms

Application: The court determined that the term 'resident' in the insurance policy was ambiguous, leading to a ruling in favor of the insured party.

Reasoning: The trial court found the term 'resident' to be ambiguous and ruled in favor of Thompson, determining she was not a resident of Christensen's household despite having temporarily stayed there during marital difficulties.

Summary Judgment in Insurance Disputes

Application: The trial court granted summary judgment for the insured due to the lack of a genuine issue of material fact concerning residency.

Reasoning: The appellate court affirmed the trial court's decision, agreeing that there were no genuine issues of material fact regarding Thompson's residency.