AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MORGAN PEARCY AND PANCO ELECTRICAL CONTRACTORS, INC., APPELLANTS, v. TRAVELERS INDEMNITY COMPANY, APPELLEE.

FERGUSON, Judge.

This appeal is brought by the insured corporation and its vice-president, the father of an employee fatally injured in an automobile collision, from an order dismissing a complaint by which appellants sought to obtain benefits under the corporation's uninsured motorist policy.

We hold that where an uninsured motorist policy issued to a corporation, in standard form language, includes as an insured any "family member, related to [named insured] by blood, marriage or adoption who is a resident in [named insured's] household," the language is a nullity, as the corporation can have no such relative. Neither does the listing of an employee as an operator of the corporation's vehicle, on a policy of insurance issued to the corporation, make that employee a named insured. See Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla. 1982); U.S. Fidelity Guaranty Co. v. Williams, 375 So.2d 328 (Fla. 1st DCA 1979), cert. denied, 386 So.2d 642 (Fla. 1980).

Thus, where employee, son of the corporate officer, was injured while operating a noncovered, uninsured automobile owned by a friend, on a social outing, although he was a named operator of the corporation's vehicles on an uninsured motorist policy issued to the corporation, there was no coverage.

The order dismissing the second amended complaint for failure to state a cause of action is AFFIRMED.

Use AI to get other relevant cases.

Comments

PEARCY v. TRAVELERS INDEMNITY CO
(May 9, 1983)