Florida District Courts of Appeal, 1987

Orston v. Allstate Insurance Co.

Orston v. Allstate Insurance Co.
Florida District Courts of Appeal · Decided February 17, 1987 · Baskin, Ferguson, Hubbart
502 So. 2d 526; 12 Fla. L. Weekly 555; 1987 Fla. App. LEXIS 6835 (Southern Reporter, Second Series)

Orston v. Allstate Insurance Co.

Opinion of the Court

PER CURIAM.

The final declaratory judgment under review is affirmed upon a holding that there is no liability coverage for the death of the insured’s wife [Cecil Diamond] due to the negligence of the deceased insured husband [Herbert R. Diamond] under the subject insurance policy issued by Allstate Insurance Company based on the family exclusion clause in the policy. We conclude that the said exclusion clause is fully applicable to bar insurance coverage for the death of the insured’s spouse, even though both the insured husband and his spouse are deceased. See Reid v. State Farm Fire & Casualty Co., 352 So.2d 1172 (Fla. 1977); Linehan v. Alkhabbaz, 398 So.2d 989 (Fla. 4th DCA 1981); Newman v. National Indem. Co., 245 So.2d 118 (Fla. 3d DCA 1971); see also Cameron Mut. Ins. Co. v. Dilbeck, 637 S.W.2d 363 (Mo.Ct.App. 1982).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.