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Nationwide Mutual Fire Insurance Co. v. Mazzarino8/30/2000
Nationwide Mutual Fire Insurance Company appeals a Final Summary Judgment entered in favor of Appellee, Andrew Mazzarino (Mazzarino). The underlying action by Mazzarino sought a declaration of coverage under an automobile insurance policy issued by Nationwide.
The issue presented is whether a "family exclusion" provision in the policy precludes Mazzarino from recovering benefits for the wrongful death of his mother, Caryn Williamson. For the reasons set forth below, we hold that insurance coverage does not exist under Nationwide's automobile policy, and reverse the judgment below.
Caryn Williamson (Caryn) tragically died in an accident while riding as a passenger in the family car. The driver was Caryn's husband, and Mazzarino's stepfather, Michael Williamson (Williamson). It is undisputed that Williamson caused the accident. The car was insured by Nationwide. Mazzarino is the teenaged son of Caryn. After Nationwide denied that insurance coverage existed for his mother's death, Mazzarino brought the declaratory judgment action seeking benefits under the liability portion of the policy. As an affirmative defense, Nationwide alleged that there was no coverage for Caryn's death pursuant to a "family exclusion" provision in the policy. On cross motions for summary judgment, the trial court found that the exclusionary language did not bar Mazzarino's claim to benefits under the policy.
The named insured on the policy was Caryn Williamson. Michael Williamson was an additional insured. The liability section of the policy provides: "We will pay for damages for which you are legally liable . . . ." "You" is defined as "the policyholder and spouse if living in the same household."
"Insured" is defined in the policy as "one who is entitled to protection under the coverage." Caryn and Michael Williamson are both "insureds" within the meaning of this definition. Caryn and Williamson were married and living in the same household at the time of the accident. Both are covered for damages due to legal liability under the terms of the policy; however, the insurance policy excludes coverage for damages as a result of " odily injury to any insured or any member of an insured's family . . . ."
The plain language of the policy excludes coverage for bodily injury to Caryn. "Bodily injury" is further defined in the policy to include death. Clearly, Caryn was not covered for her own death. The only question, then, is whether Mazzarino's wrongful death claim is similarly excluded. The question before the court is not whether Mazzarino may sue Williamson for the wrongful death of Mazzarino's mother; clearly, he may. The question is, who will pay any subsequent award or settlement.
Here, both Caryn and Williamson had liability coverage for "damage or injury to others caused by your auto." (emphasis added). In this respect, they were both "protected [from legal liability vis-a-vis third parties] under the coverage." The benefit or "protection" bargained for was against third-party liability, not bodily injury to themselves. The fact that the loss suffered was excluded under the insurance contract did not affect Caryn's status as an insured under the contract. Caryn did not lose her status as an insured under this policy simply because the loss suffered was specifically excluded under the contract. See Reid v. State Farm Fire & Cas. Co., 352 So. 2d 1172 (Fla. 1977); see also Brixius v. Allstate Ins. Co., 589 So. 2d 236 (Fla. 1991), superseded by statute on other grounds as stated in Travelers Ins. Co. v. Warren, 678 So. 2d 324 (Fla. 1996). Mazzarino's argument that Caryn was not an "insured" because she was not entitled to "protection" in the form of benefits for
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