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Hartford Insurance Co. of the Southeast v. State Farm Fire & Casualty Co.

Citations: 630 So. 2d 652; 1994 Fla. App. LEXIS 33Docket: No. 92-3189

Court: District Court of Appeal of Florida; January 11, 1994; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the appellate court reviewed a trial court's declaratory judgment concerning insurance coverage under a policy issued by State Farm Fire and Casualty Company for H.J. Zimmerman and Associates, Inc. (Zimmerman). The litigation originated after the estate of Christina Werner sued Chapel Trad Associates, Ltd. (Chapel Trail) and Zimmerman following Werner's fatal accident linked to property debris. A settlement resulted in Hartford Insurance Company of the Southeast (Hartford) paying for Zimmerman, while State Farm covered Chapel Trail. Hartford then sought reimbursement from State Farm, asserting that Zimmerman was covered as a 'real estate manager' under State Farm's policy. The trial court found Zimmerman did not fit this definition, but the appellate court reversed this decision, emphasizing the contractual duties Zimmerman held, which included property management activities. The appellate court concluded that Zimmerman's roles, as outlined in the contract, satisfied the policy's definition of a 'real estate manager.' Consequently, the appellate court directed the trial court to issue a declaratory judgment favoring Hartford, affirming Zimmerman's coverage under the State Farm policy. Judges DELL and PARIENTE concurred with the decision, leading to a reversal and remand of the case for proper judgment entry.

Legal Issues Addressed

Declaratory Judgment

Application: The appellate court reversed the trial court's declaratory decree, directing it to enter a judgment in favor of Hartford, recognizing Zimmerman's coverage under the policy.

Reasoning: The appellate court directed the trial court to enter a final declaratory judgment in favor of Hartford.

Definition of 'Real Estate Manager'

Application: The appellate court disagreed with the trial court's reliance on a 'common usage' definition and instead focused on the specific contractual duties outlined, which aligned with the insurance policy's coverage for a 'real estate manager.'

Reasoning: The trial court erred in seeking a 'common usage' definition of 'real estate manager,' as the contract clearly delineated Zimmerman’s role as distinct from that of a 'construction manager.'

Insurance Policy Interpretation

Application: The appellate court found that Zimmerman qualified as a 'real estate manager' under State Farm's policy based on their contractual responsibilities, thus reversing the trial court's decision.

Reasoning: The appellate court noted the contractual relationship between Chapel Trail and Zimmerman, which outlined Zimmerman's responsibilities for the management of the property, including receiving a management fee and a share of profits.