Fidelity & Casualty Co. of New York v. State Farm Fire & Casualty Co.
Fidelity & Casualty Co. of New York v. State Farm Fire & Casualty Co.
Opinion of the Court
Fidelity & Casualty Company of New York [Fidelity] appeals from a summary judgment entered in favor of State Farm Fire & Casualty Company [State Farm] in this action for declaratory judgment on the issue of coverage. We reverse.
Fidelity issued an insurance policy to Mark Arnold providing motor vehicle and excess liability coverage for the policy period of September 15, 1999 to September 15, 2000. Arnold subsequently applied to State Farm for motor vehicle and excess liability coverage specifically requesting that the State Farm policy commence
Insurance contracts are interpreted according to the plain language of the policy, and, where a policy provision is clear and unambiguous, it should be enforced according to its terms. Taurus Holdings, Inc. v. United States Fid. & Guar. Co., 913 So.2d 528 (Fla. 2005). Here the clear and unambiguous terms of the automatic termination provision in the policy issued by Fidelity apply to preclude coverage. The provision effectively terminated Fidelity’s coverage one day prior to the subject accident.
We, therefore, reverse the judgment entered in favor of State Farm and remand for entry of a final judgment in favor of Fidelity.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.