From Casetext: Smarter Legal Research

Orston v. Allstate Insurance Company

District Court of Appeal of Florida, Third District
Feb 17, 1987
502 So. 2d 526 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-1367.

February 17, 1987.

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

Joe N. Unger, Major Logan, Miami, for appellant.

Spencer Taylor and W. Thomas Spencer, Miami, for appellee.

Before HUBBART, BASKIN and FERGUSON, JJ.


The final declaratory judgment under review is affirmed upon a holding that there is no liability coverage for the death of the insured's wife [Cecil Diamond] due to the negligence of the deceased insured husband [Herbert R. Diamond] under the subject insurance policy issued by Allstate Insurance Company based on the family exclusion clause in the policy. We conclude that the said exclusion clause is fully applicable to bar insurance coverage for the death of the insured's spouse, even though both the insured husband and his spouse are deceased. See Reid v. State Farm Fire Casualty Co., 352 So.2d 1172 (Fla. 1977); Linehan v. Alkhabbaz, 398 So.2d 989 (Fla. 4th DCA 1981); Newman v. National Indem. Co., 245 So.2d 118 (Fla. 3d DCA 1971); see also Cameron Mut. Ins. Co. v. Dilbeck, 637 S.W.2d 363 (Mo. Ct. App. 1982).

Affirmed.


Summaries of

Orston v. Allstate Insurance Company

District Court of Appeal of Florida, Third District
Feb 17, 1987
502 So. 2d 526 (Fla. Dist. Ct. App. 1987)
Case details for

Orston v. Allstate Insurance Company

Case Details

Full title:RONNIE L. ORSTON, APPELLANT, v. ALLSTATE INSURANCE COMPANY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 17, 1987

Citations

502 So. 2d 526 (Fla. Dist. Ct. App. 1987)

Citing Cases

Government Emp. Ins. Co v. Fitzgibbon

Such family exclusion clauses in liability policies have been upheld by numerous Florida cases. See Florida…