147 So. 3d 659
Fla. Dist. Ct. App.2014Background
- Heylin appeals a final summary judgment for Gulfstream on whether the homeowners policy provides personal liability coverage for negligent supervision arising from an underlying intentional battery.
- Gulfstream filed a declaratory judgment during Heylin's personal injury action against a 17-year-old battery defendant, with counts against the parents for negligent supervision.
- The policy contains an intentional-act exclusion and a severability clause stating the insurance applies separately to each insured and does not increase policy limits.
- The trial court granted Gulfstream summary judgment, citing Hrynkiw and holding no coverage for any insured for the counts.
- The Fifth District Court of Appeal reverses, stating Adams governs and the severability clause with the intentional-act exclusion creates ambiguity in the insureds’ favor.
- On remand, the court is instructed to enter summary judgment in Heylin’s favor on Gulfstream’s duties to defend and to provide liability coverage for negligent supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether severability and intentional-exclusion create ambiguity | Heylin | Gulfstream | Ambiguity resolved in insureds’ favor; reversal and remand for summary judgment for Heylin |
Key Cases Cited
- Premier Ins. Co. v. Adams, 632 So.2d 1054 (Fla. 5th DCA 1994) (ambiguity from severability and intentional-exclusion favors coverage)
- Hrynkiw v. Allstate Floridian Ins. Co., 844 So.2d 739 (Fla. 5th DCA 2008) (joint-obligations clause limits applicability; distinguished)
- R & L Constr., Inc. v. Cullen, 557 So.2d 931 (Fla. 5th DCA 1990) (summary judgment appropriate when no genuine issue of material fact)
- Allstate Ins. Co. v. Raynor, 21 P.3d 707 (Wash. 2001) (illustrates joint-interest issues influencing coverage)