Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Florida Second DCA withdraws previous opinion and reverses position, finding that insurance policy that provided “basic liability coverage” for relative of insured triggered entitlement to UM coverage

On June 19, 2020, in Owners Insurance Company v. Allstate Fire and Casualty Insurance Company, No. 2D18-2309, the Florida Second DCA withdrew a previous opinion and reversed its position in a case involving disputed uninsured motorist (UM) coverage).  On October 25, 2019 the Court had held that where a motor vehicle insurance policy did not provide liability coverage for the insured’s resident relative (a son), there was no corresponding requirement to provide UM coverage for the relative. On June 19, 2020, after rehearing, the Second DCA withdrew its original opinion and submitted a revised opinion in its place in which it affirmed the trial court’s entry of summary judgment. The Second DCA concluded that the son was in fact entitled to UM coverage because he was insured for “basic liability coverage" under a previously overlooked Section II Liability Coverage provision. Owners Insurance Company argued that because Allstate failed to raise the Section II Liability provision prior to rehearing, the argument was waived.  However, the Second DCA noted that "if a trial court reaches the right result," as it did here, that decision "will be upheld if there is any basis which would support the judgment in the record, quoting from Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla. 1999), and additionally citing Jaworski v. State, 804 So. 2d 415, 419 (Fla. 4th DCA 2001) ("As an appellate court, . . . we are obligated to entertain any basis to affirm the judgment under review, even one the appellee has failed to argue."). then withdraws decision and reverses opinion based on discovery of insurance clause that does require provision of “basic liability coverage” to relative.

Categories: