Pearcy v. Travelers Indemnity Company
Cases that cite this one
24 later published cases cite this decision.
- Sears Ex Rel. Sears v. Wilson (Kan. Ct. App. 1985)
- Lee v. National Union Fire Insurance Co. of Pittsburgh (Fla. Dist. Ct. App. 1985)
- Cutter v. Maine Bonding & Casualty Co. (N.H. 1990)
- American Fire and Cas. Co. v. Sinz (Fla. Dist. Ct. App. 1986)
- WEST BEND MUT. INS. v. Allstate Ins. (Minn. 2009)
- West Bend Mutual Insurance Co. v. Allstate Insurance Co. (Minn. 2009)
- Wausau Underwriters Insurance v. Baillie Ex Rel. Estate of Stevens (United States District Court for the Middle District of Florida 2002)
- Liberty Mut. Ins. Co. v. Weiss (Fla. Dist. Ct. App. 2001)
- Gardner v. Continental Western (10th Cir. 2000)
- Rohe Ex Rel. Rohe v. CNA Ins. Co. (Ill. App. Ct. 2000)
- Insurance Co. of Evanston v. Bowers (Pa. Super. Ct. 2000)
- Rohe v. CNA Insurance Co. (Ill. App. Ct. 2000)
- Donaldson v. State Farm Mutual Automobile Insurance Co. (Fla. Dist. Ct. App. 2000)
- Deison v. Progressive American Insurance (Fla. Dist. Ct. App. 1998)
- American States Insurance v. C & G Contracting, Inc. (Ariz. Ct. App. 1996)
- Economy Preferred Insurance v. Jersey County Construction, Inc. (Ill. App. Ct. 1993)
- Peterson v. Universal Fire & Casualty Insurance Co. (Ind. Ct. App. 1991)
- Lampkin v. National Union Fire Ins. Co. of Pittsburgh (Fla. Dist. Ct. App. 1990)
- Hurtado v. Florida Farm Bureau Casualty Co. (Fla. Dist. Ct. App. 1990)
- Williams v. FLORIDA INS. GUAR. ASS'N (Fla. Dist. Ct. App. 1989)
- Williams v. Florida Insurance Guaranty Ass'n (Fla. Dist. Ct. App. 1989)
- King v. Nationwide Insurance (Ohio 1988)
- Fenwick v. American States Insurance Co. (Fla. Dist. Ct. App. 1988)
- Willingham v. Travelers Insurance Co. (Fla. Dist. Ct. App. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Morgan PEARCY and Panco Electrical Contractors, Inc., Appellants,
v.
TRAVELERS INDEMNITY COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
Highsmith & Strauss and Philip E. Glatzer, Miami, for appellants.
Joseph A. McGowan, Miami, for appellee.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
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 *1299 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.