Get updates delivered to you daily. Free and customizable.
Zalma on Insurance
Auto Insurance only Available for Drivers Listed in Policy
2024-06-18
Scheduled Driver Endorsement Eliminates Coverage for Accident
Post 4825
Brandyn Washington and Stephan Jomar Gonzalez were involved in a car accident in Davenport, Florida. Washington sued and asserted that Gonzalez was driving the truck involved in the accident.
In Prime Property And Casualty Insurance Company v. Coexi Trucking, LLC, Stephan Jomar Gonzalez, Brandyn Washington and W. Aleman Trucking LLC, No. 6:22-cv-1668-JSS-DCI, United States District Court, M.D. Florida, Orlando Division (June 4, 2024) the court considered the insurer’s motion for summary judgment asserting no coverage for defense or indemnity of the defendants.
BACKGROUND
Before the accident, Plaintiff issued an insurance policy to Coexi (the Policy) that contained a Scheduled Drivers Endorsement. This Endorsement changed the terms and conditions of the Policy issued and provided that “No coverage shall be provided under this Policy for any covered Auto which is being used or operated by anyone other than the driver(s) or operator(s) named below.”
The Policy was in effect at the time of the accident. The insurer established that Gonzalez was not a scheduled driver under the Policy and explained why it was appropriate to issue a declaration that it had no obligation to defend or indemnify Defendants in connection with the accident between Washington and Gonzalez that occurred on January 4, 2022.
ANALYSIS
In support of its Motion, the insurer argued that it was undisputed that Gonzalez was the driver at the time of the accident and further stated that Washington admitted such in his underlying state court complaint and Answer in this action. Plaintiff further argued that coverage under the Policy is limited to drivers listed in the Policy’s Scheduled Drivers Endorsement.
The USDC concluded that the Policy must be construed considering its plain meaning. Gonzalez’s name is not listed on the Scheduled Drivers Endorsement. Since Gonzalez was not listed as a scheduled driver, no coverage under the Policy exists for the accident at issue and Plaintiff’s Motion for Final Summary Judgment was granted, and pursuant to the terms and conditions of the Policy, the insurer had no obligation to defend or indemnify Defendants in connection with the automobile accident between Brandyn Washington and Stephan Jomar Gonzalez that occurred on January 4, 2022.
ZALMA OPINION
Insurance policies are contracts that must be interpreted as written. The policy limited its coverage to people named on the policy that were named after the insurer examined the risks posed by each driver. Since Gonzalez was not named in the policy there was never an ability for there to be coverage for the accident.
Get updates delivered to you daily. Free and customizable.
Welcome to NewsBreak, an open platform where diverse perspectives converge. Most of our content comes from established publications and journalists, as well as from our extensive network of tens of thousands of creators who contribute to our platform. We empower individuals to share insightful viewpoints through short posts and comments. It’s essential to note our commitment to transparency: our Terms of Use acknowledge that our services may not always be error-free, and our Community Standards emphasize our discretion in enforcing policies. We strive to foster a dynamic environment for free expression and robust discourse through safety guardrails of human and AI moderation. Join us in shaping the news narrative together.
Comments / 0