Summary
distinguishing between alcohol exclusions in life and health insurance policies
Summary of this case from Am. Heritage Life Ins. Co. v. MoralesOpinion
No. SC01-464.
April 11, 2002. Rehearing Denied May 30, 2002.
Appeal from the Circuit Court, Hillsborough County, Sam D. Pendino, J.
Alan C. Sundberg of Smith, Ballard Logan, P.A., Tallahassee, FL; Stephen H. Grimes of Holland Knight, Tallahassee, FL; and Charles C. Lane of Lau, Lane, Pieper, Conley McCreadie, P.A., Tampa, FL, for Petitioner.
Charles P. Schropp of Schropp, Buell Elligett, P.A., Tampa, FL, for Respondent.
We have for review Blue Cross Blue Shield of Florida, Inc. v. Steck, 778 So.2d 374 (Fla. 2d DCA 2001), based on apparent conflict with American Heritage Life Insurance Co. v. English, 786 So.2d 1280 (Fla. 5th DCA 2001). Both cases concern the applicability of an intoxication exclusion in an insurance policy. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
Upon further consideration, we find no conflict. Not only are the policy provisions and factual underpinnings of these two cases substantially different, the insurance policies themselves are different in kind. The policy in Steck was a health insurance policy; the policy in English was a life insurance policy. The parties have cited specific statutory provisions governing intoxication exclusions in health insurance policies, but they have cited no similar statutory provisions governing intoxication exclusions in life insurance policies.
The intoxication exclusion in Steck read a follows:
This contract does not provide benefits for . . . a condition resulting from you being drunk or under the influence of any narcotic unless taken on the advice of a physician.
Steck, 778 So.2d at 375. The exclusion in English read as follows:
[This] policy does not cover any loss incurred as a result of:
d. Any injury sustained while under the influence of alcohol or any narcotic unless administered upon the advice of a physician.
English, 786 So.2d at 1281.
Steck was injured when she stepped in front of an oncoming vehicle; English was killed in a single-car accident while driving a friend's car. Both Steck and English were intoxicated.
See, e.g., §§ 627.618, .629, Fla. Stat. (2001).
We dismiss Blue Cross Blue Shield of Florida, Inc. v. Steck, 778 So.2d 374 (Fla. 2d DCA 2001).
It is so ordered.
WELLS, C.J., and HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.