589 So. 2d 333 | Fla. Dist. Ct. App. | 1991
An estranged and distraught husband abducted his wife from her place of business and transported her in a vehicle owned by the parties and insured by the appellee insurance company. While in the vehicle the husband shot and killed the wife. The personal representative of the estate of the deceased wife (appellant) filed a wrongful death action against the insurer seeking personal injury protection (PIP) and uninsured motorist (UM) benefits alleging that the victim injury (death) arose out of the operation, maintenance or use of the insured vehicle.
The trial court dismissed the complaint with prejudice on the grounds that (1) the complaint did not establish a causal connection between the use of the vehicle and the injury and death of the victim, citing Government Employees Ins. Co. v. Novak, 453 So.2d 1116 (Fla.1984), and Race v. Nationwide Mutual Fire Ins. Co., 542 So.2d 347 (Fla.1989); and (2) the death was not an accident under the insurance policy but resulted from the husband’s intentional act, citing Bosson v. Uderitz, 426 So.2d 1301 (Fla. 2d DCA 1983).
AFFIRMED.
. The appellant then filed a motion to amend complaint. This motion was not acted on by the trial court.