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Cesarini v. American Druggist Ins. Co.

District Court of Appeal of Florida, Second District
Feb 6, 1985
463 So. 2d 451 (Fla. Dist. Ct. App. 1985)
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Summary

In Cesarini, the Court held that no coverage existed for an injury stemming from an accident in which a school employee struck plaintiff while driving a school bus to a maintenance garage.

Summary of this case from Ohio Cas. Ins. Co. v. Continental Cas. Co.
See 4 Summaries

Opinion

No. 84-452.

February 6, 1985.

Appeal from the Circuit Court, Pinellas County, David Seth Walker, J.

J. Richard Rahter of Kieffer, Georges Rahter, St. Petersburg, for appellant Cesarini.

Dennis M. Janssen of C. Wade Yeakle, III, P.A., St. Petersburg, for appellant School Bd. of Pinellas County.

Mark E. Hungate and Jeffrey P. Winkler, Fowler, White, Gillen, Boggs, Villareal Banker, P.A., St. Petersburg, for appellee.

PER CURIAM.

We affirm the final summary judgment which determined that there was no general liability insurance coverage for a personal injury from an accident caused by a school bus which struck plaintiff while driven by a school board mechanic en route to the maintenance garage. The parties agree that the policy excluded from coverage "bodily injury . . . arising out of the . . . maintenance, operation, [or] use" of the bus.

Appellant, plaintiff below, argues that there was a showing that the Board negligently hired and supervised the driver who was unfit to drive and that the Board's negligence in that respect was the independent, originating act in a chain of events culminating in the driver's negligence in striking plaintiff. Appellant argues that the exclusion is ambiguous because it does not address this type of circumstance in which joint acts of negligence (those of the Board and the driver) combined to cause injury. We disagree. The terms of the exclusion, in our view and that of the trial court, clearly applied to injury arising from the use or maintenance of the vehicle. The use to which the vehicle was being put at the time of the injury governs the applicability of the exclusion. See Gargano v. Liberty Mutual Insurance Co., 384 So.2d 220 (Fla. 3d DCA 1980); Atkins v. Bellefonte Insurance Co., 342 So.2d 837 (Fla. 3d DCA 1977).

Affirmed.

RYDER, C.J., LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

Summaries of

Cesarini v. American Druggist Ins. Co.

District Court of Appeal of Florida, Second District
Feb 6, 1985
463 So. 2d 451 (Fla. Dist. Ct. App. 1985)

In Cesarini, the Court held that no coverage existed for an injury stemming from an accident in which a school employee struck plaintiff while driving a school bus to a maintenance garage.

Summary of this case from Ohio Cas. Ins. Co. v. Continental Cas. Co.

In Cesarini, the plaintiff made precisely the type of argument made by plaintiff here `[a]ppellant argues that the exclusion is ambiguous because it does not address this type of circumstance in which joint acts of negligence (those of the [insured] and the driver) combined to cause injury.' 463 So.2d at 452.

Summary of this case from Westmoreland v. Lumbermens Mutual Casualty Co.

In Cesarini v. American Druggist Ins. Co., 463 So.2d 451 (Fla. 2d DCA 1985), the court upheld summary judgment in favor of an insurance company on a cause of action for negligent hiring and supervision of an employee who, while driving a vehicle owned by the insured, was involved in an accident resulting in injury to the plaintiff.

Summary of this case from Dalrymple v. Ihnen Pool Service & Supply, Inc.

In Cesarini, the plaintiff made precisely the type of argument made by plaintiff here — "[a]ppellant argues that the exclusion is ambiguous because it does not address this type of circumstance in which joint acts of negligence (those of the [insured] and the driver) combined to cause injury."

Summary of this case from Dalrymple v. Ihnen Pool Service & Supply, Inc.
Case details for

Cesarini v. American Druggist Ins. Co.

Case Details

Full title:RICHARD D. CESARINI, AND SCHOOL BOARD OF PINELLAS COUNTY, APPELLANTS, v…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 6, 1985

Citations

463 So. 2d 451 (Fla. Dist. Ct. App. 1985)

Citing Cases

Westmoreland v. Lumbermens Mutual Casualty Co.

Our opinion merely explained: "In Cesarini v. American Druggist Ins. Co., 463 So.2d 451 (Fla. 2d DCA 1985),…

Ohio Cas. Ins. Co. v. Continental Cas. Co.

With respect to auto exclusions, "[t]he use to which the vehicle was being put at the time of the injury…

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