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Florida Farm Bureau General Insurance Co. v. Fisher
Citations: 859 So. 2d 557; 2003 Fla. App. LEXIS 17727; 2003 WL 22735967Docket: No. 1D02-5098
Court: District Court of Appeal of Florida; November 20, 2003; Florida; State Appellate Court
Appellant sought review of a summary-final judgment in a declaratory action that granted appellee uninsured motorist benefits under an insurance policy issued to appellee's mother. The court determined that the interpretation of the insurance contract is a legal question, subject to de novo review. The policy explicitly limits uninsured motorist coverage to: (1) the named insured, (2) a spouse of the named insured residing in the same household, (3) relatives of the named insured or resident spouse by blood, marriage, or adoption residing in the same household, and (4) any person occupying a covered auto of the named insured or resident spouse. Appellee does not qualify under any of these categories. Therefore, the trial court's decision granting benefits to appellee was legally erroneous. The judgment was reversed, and the case was remanded with instructions to vacate the summary judgment in favor of appellee and enter summary judgment for appellant. Judges Barfield and Browning concurred.