Michael Heylin (“Heylin”) appeals a final summary judgment entered in favor of Gulfstream Property and Casualty Insurance, Co. (“Gulfstream”). Heylin argues the trial court erred in interpreting a homeowners’ insurance policy as not providing personal liability coverage for a negligent supervision claim for an underlying intentional tort. Because we previously held in Premier Insurance Co. v. Adams,
Gulfstream filed a declaratory judgment action during a pending lawsuit where Heylin filed a personal injury action against Benjamin Mutters, a 17-year-old, for battery. Heylin included counts against Benjamin’s parents for negligent supervision.
“Bodily injury” or “property damage” which is expected or intended by an “insured” even if the resulting “bodily injury” or “property damage”:
a. Is of a different kind, quality or degree than initially expected or intended; or
b. Is sustained by a different person, entity, real or personal property, than initially expected or intended.
On appeal, Heylin argues only that the policy requires coverage for the negligent supervision because the policy is ambiguous due to the presence of a severability clause, which provides:
This insurance applies separately to each “insured”. This condition will not increase our limit of liability for any one occurrence.
The trial court granted summary judgment, holding that the Mutterses’ insurance policy did not cover the Mutterses for either count, citing without explanation to Hrynkiw v. Allstate Floridian Insurance Co.,
“The standard of review governing the ruling of a trial court on a motion for summary judgment posing a pure question of law is de novo.” Wells Fargo Bank, N.A. v. Morcom,
In Adams, we addressed this same issue.
We reject Gulfstream’s argument that Hrynkiw controls. In Hrynkiw, like Adams, this court addressed whether a homeowners’ insurance policy required an insurance carrier to defend or indemnify the policy holders or their minor son in a personal injury action after the son allegedly committed a battery by shooting. Hrynkiw,
Consistent with Adams, we hold that the severability clause and the intentional-act exclusion create an ambiguity that we re
REVERSED in part and REMANDED.
Notes
. Gulfstream argues that this issue is not preserved for review because Heylin did not file a transcript as part of the record on appeal. Because Heylin filed the controlling case with the trial court before the summary-judgment hearing and Gulfstream admitted in response to the motion for reconsideration that this issue was briefed, argued, and ruled upon by the trial court, we find the issue preserved for appellate review.
. Gulfstream is not a party to the underlying battery and negligence action.
