From Casetext: Smarter Legal Research

Pastori v. Commercial Union Ins. Co.

District Court of Appeal of Florida, Third District
Jul 30, 1985
473 So. 2d 40 (Fla. Dist. Ct. App. 1985)

Summary

noting plaintiffs' car would have qualified as a "temporary substitute automobile" under defendant's liability policy if that policy had provided such common coverage; yet policy did not, and "in the absence of a statutory requirement for the inclusion of such a clause, the courts have no power simply to create coverage out of the whole cloth when none exists on the face of an insurance contract"

Summary of this case from Allstate Fire & Cas. Ins. Co. v. Paolino

Opinion

No. 84-2370.

July 30, 1985.

Appeal from the Circuit Court, Dade County, Richard S. Fuller, J.

Mandina Ginsberg and Marc Ginsberg, Miami, for appellants.

Blackwell, Walker, Gray, Powers, Flick Hoehl and Todd A. Cowart, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


The plaintiffs were involved in a collision with a vehicle which would have undoubtedly qualified as a "temporary substitute automobile" under the defendant Sigler's liability policy if, as most other policies probably do, it provided that coverage. See National Indemnity Co. v. Ryder Truck Rental, Inc., 472 So.2d 856 (Fla. 3d DCA 1985). Sigler's Commercial Union policy, however, did not. Because, in the absence of a statutory requirement for the inclusion of such a clause, the courts have no power simply to create coverage out of the whole cloth when none exists on the face of an insurance contract, e.g., Travelers Ins. Co. v. C.J. Gayfer's and Co., Inc., 366 So.2d 1199 (Fla. 1st DCA 1979); see generally Haenal v. United States Fidelity and Guaranty Co., 88 So.2d 888 (Fla. 1956), the trial court correctly entered declaratory judgment that the Commercial Union policy did not apply.

Affirmed.


Summaries of

Pastori v. Commercial Union Ins. Co.

District Court of Appeal of Florida, Third District
Jul 30, 1985
473 So. 2d 40 (Fla. Dist. Ct. App. 1985)

noting plaintiffs' car would have qualified as a "temporary substitute automobile" under defendant's liability policy if that policy had provided such common coverage; yet policy did not, and "in the absence of a statutory requirement for the inclusion of such a clause, the courts have no power simply to create coverage out of the whole cloth when none exists on the face of an insurance contract"

Summary of this case from Allstate Fire & Cas. Ins. Co. v. Paolino
Case details for

Pastori v. Commercial Union Ins. Co.

Case Details

Full title:EVELYN PASTORI AND ROSA PASTORI, APPELLANTS, v. COMMERCIAL UNION INSURANCE…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 30, 1985

Citations

473 So. 2d 40 (Fla. Dist. Ct. App. 1985)

Citing Cases

Universal Underwriters Ins v. Fallaro

An unambiguous contract of insurance does not require construction, and must be given effect as written.…

Union American Ins. Co. v. Perez

However, even if the final judgment was based on the liability provision, we hold that the exclusion…