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Florida Third DCA rules that plaintiff’s UM insurance did not provide coverage for injuries she suffered in mobile gym operated out of truck

On October 30, 2019, in Deutsch v. Geico General Insurance Company, No. 4D18-2714, the Florida Fourth DCA affirmed a trial court order granting summary judgment to the defendant insurer in a case in which the plaintiff claimed that her uninsured motorist (UM) insurance provided coverage for injuries she suffered while exercising in a third-party’s mobile gym located in the back of a truck. The relevant policy language states that Geico will pay damages for bodily injury caused by an accident which the insured is legally entitled to recover from the owner or operator of “an uninsured auto arising out of the ownership, maintenance or use of that auto.” The term “uninsured auto,” however, does not include “a land motor vehicle . . . located for use as a residence or premises . . . .” The Fourth DCA concluded that the truck was being used as a “premises” at the time of the injury, noting that it was stationary, parked, and connected to a power source.