Allstate Indemnity Co. v. Bernier
Allstate Indemnity Co. v. Bernier
Opinion of the Court
In 1988, Allstate Indemnity Company (Allstate) issued a multiple-vehicle insurance policy to Edna Bernier in Sarasota County. In 1989, Ms. Bernier contacted Allstate through her agent in Sarasota County and requested that a 1984 Omni be removed from the policy. The Omni was removed from the policy effective March 10, 1989. On March 17, 1989, Janet Bernier, a relative of Edna, was driving the Omni in Brevard County and collided with a vehicle being driven by Christopher Yaw. As a result of this accident, both Berniers and the Yaws’ UM carrier were sued in Brevard County. Ms. Bernier asked Allstate to defend the action. Allstate filed a declaratory judgment action in Bre-vard County seeking a determination that because Ms. Bernier had removed the Omni from the policy, it had no obligation to either indemnify Ms. Bernier or to defend the action. On motion by Ms. Bernier, the Bre-vard County Circuit Court granted a change of venue to Sarasota County. Allstate appeals; we affirm.
Although Allstate acknowledges that an action on this contract would normally be in the county where the contract was issued or where the defendant resided (there being no allegation of a current breach), it urges that since this action was for a declaratory judgment a different rule applies. Allstate’s position is that since an action for declaratory
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.