Sunnyhill South, Inc. v. Aetna Casualty & Surety Co.
Sunnyhill South, Inc. v. Aetna Casualty & Surety Co.
Opinion of the Court
By this appeal Sunnyhill contends that the trial judge erred in entering a summary final judgment in favor of appellee Aet-na Casualty and Surety Insurance Company.
This controversy arose out of an injury sustained by an employee of Sunnyhill during the course of his employment. Aetna had issued to Sunnyhill a comprehensive general liability insurance policy which contained the following exclusionary provisions, viz:
“(d) Under coverages A and C, to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen’s compensation, unemployment compensation, or disability benefit law, or under any similar law;
“The insurance under this [farms] endorsement does not apply:
“ . . . (b) to bodily injury to or sickness, disease or death of any farm employee arising out of and in the course of his employment if benefits therefor are in whole or in part either payable or required to be provided under any workmen’s compensation law.”
The subject employee was injured while repairing a farm tractor and successfully prosecuted a claim pursuant to the provisions of the Workmen’s Compensation Law, but did not execute upon the judgment.
Sunnyhill insists that the farm endorsement provision of the insurance policy specifically includes the maintenance of “automobiles and teams and duties of a similar
We agree with the findings and conclusion of the trial judge. Sunnyhill is not entitled to receive that which it did not buy; that is workmen’s compensation coverage in a comprehensive liability policy which specifically excluded such coverage.
Affirmed.
. Sunnyhill had not complied with Chapter 440, Florida Statutes, F.S.A., as to workmen’s compensation coverage.
Reference
- Full Case Name
- SUNNYHILL SOUTH, INC., a Florida corporation v. AETNA CASUALTY AND SURETY COMPANY, a foreign corporation
- Cited By
- 2 cases
- Status
- Published