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Auto-Owners Insurance o. v. Petrik10/7/2005
The trial court held that an automobile liability policy issued to Gerd Petrik provided coverage for injuries suffered by Nihad Christian Jarallah in an accident with Gerd's wife, Feli Petrik. We concur in the court's determination that there was coverage under the terms of the policy, because the automobile Feli Petrick was driving at the time of the accident was neither furnished nor available for her regular use, and it was not used in an auto sales agency that she owned or operated. We therefore affirm the issue on appeal without further discussion. On cross-appeal, Jarallah argues that the court erred by limiting the available coverage to half of the policy limits. We agree and reverse on this issue.
Gerd Petrik was the president of West Coast Motor Sports, Inc., a business that bought and sold exotic automobiles. Some of the cars in West Coast's inventory were stored at the Petriks' home, which was located on a barrier island. Jarallah was injured when he was helping the Petriks move these cars from the Petriks' home to West Coast's lot on the mainland because of a hurricane threat. Feli Petrik was moving a Ferrari when she accidentally struck a Jaguar parked in front of her, pushing the Jaguar forward. Jarallah, who was standing in front of the Jaguar, was pinned between the car and the garage wall. The impact shattered both of his knees.
Jarallah sued Feli Petrik and West Coast, and the case settled for $1.5 million. Gerd Petrik is the named insured in a personal automobile liability policy from Auto-Owners Insurance Co. with a $1 million liability limit. West Coast is the named insured in a garage owners liability policy from Auto-Owners with a $500,000 liability limit. Auto-Owners paid the $500,000 limit under the West Coast policy, and Jarallah executed a partial satisfaction of judgment. Auto-Owners then filed an action seeking a declaration that there was no coverage under the Petrik policy. In the alternative, Auto-Owners sought a determination that, under the terms of the Petrik policy, its liability was capped at the highest limit of liability under a single policy.
Insurance policies are interpreted according to their plain meaning. Koikos v. Travelers Ins. Co., 849 So. 2d 263 (Fla. 2003). The question whether coverage exists under a particular policy is one of law subject to de novo review. Biltmore Constr. Co. v. Owners Ins. Co., 842 So. 2d 947 (Fla. 2d DCA), review dismissed, 846 So. 2d 1148 (Fla. 2003).
The Petrik policy provided $1 million of liability coverage for bodily injury and property damage arising out of the ownership, maintenance, or use of the automobiles described in the Declarations and certain non-owned automobiles. In an "Other Insurance" clause, the Petrik policy states:
If there is other collectible automobile liability insurance, we will pay only our share of the loss. Our share will be the ratio of the amount of this insurance to the total amount of all collectible automobile liability insurance. The coverage extended to automobiles you do not own will be excess over any other insurance available to you.
In addition, the Petrik policy provides:
DUPLICATION OF COVERAGE
a. If this policy and any other policy or form of coverage provided by us or a company affiliated with us, provide coverage for the same loss or damage, our maximum limit of liability under all the policies or forms of coverage shall not exceed the highest limit of liability under any single policy or form of coverage applicable to the loss or damage.
b. This condition does not apply to any policy or form of coverage issued by us or a company affiliated with us to specifically provide exces
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