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Rokaviar, Inc. v. Colony Insurance Co.

Citations: 905 So. 2d 158; 2005 Fla. App. LEXIS 950; 2005 WL 236417Docket: No. 3D03-2737

Court: District Court of Appeal of Florida; February 1, 2005; Florida; State Appellate Court

Narrative Opinion Summary

Rokaviar, Inc.’s insurance policy with Colony Insurance Company expired eight days before a wrongful death incident occurred, which led to Colony denying coverage. Rokaviar subsequently filed a lawsuit seeking coverage, but the trial court ruled in favor of Colony, granting summary final judgment. USI Florida Life and Estate Planning Division, Inc., along with Edwin Velez and Michelle Marie Velez, as personal representatives of the deceased Edwin Michael Velez, joined the appeal against this ruling. The appellate court affirmed the trial court's decision, referencing precedent cases Williams v. Security Mut. Cas. Co. and Maldonado v. United Auto. Ins. Co., both of which had similar outcomes. The Colony policy's coverage period ran from July 2, 2000, to July 2, 2001. There is no record of Donald Trombly participating as an appellant. Notably, there were dissenting opinions in the referenced cases.

Legal Issues Addressed

Appellate Court Affirmation of Lower Court Decisions

Application: The appellate court affirmed the trial court's decision based on precedents involving similar insurance coverage disputes.

Reasoning: The appellate court affirmed the trial court's decision, referencing precedent cases Williams v. Security Mut. Cas. Co. and Maldonado v. United Auto. Ins. Co., both of which had similar outcomes.

Insurance Policy Coverage Expiry

Application: The court ruled that coverage was not applicable as the incident occurred after the policy expired.

Reasoning: Rokaviar, Inc.’s insurance policy with Colony Insurance Company expired eight days before a wrongful death incident occurred, which led to Colony denying coverage.

Summary Judgment in Insurance Disputes

Application: The trial court granted summary judgment in favor of the insurer due to the policy's expiration prior to the incident.

Reasoning: Rokaviar subsequently filed a lawsuit seeking coverage, but the trial court ruled in favor of Colony, granting summary final judgment.