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Quinn v. Gorman

Quinn v. Gorman, 354 So. 2d 429 (Fla. Dist. Ct. App. 1978)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 24, 1978
Docket
No. 76-2634
Judges
Anstead
Citations
354 So. 2d 429

Opinion

354 So.2d 429 (1978)

Margaret QUINN, Appellant,

v.

Kimberly Ann GORMAN, A. Morey, Ann Morey, and Travelers Indemnity Company, a Foreign Corporation Doing Business in Florida, Appellees.

No. 76-2634.

District Court of Appeal of Florida, Fourth District.

January 24, 1978.

Robert J. McFann and Dale R. Sanders of Di Giulian, Spellacy, Bernstein, Lyons & Sanders, Fort Lauderdale, for appellant.

George E. Bunnell and Thomas E. Scott, Jr. of Huebner, Shaw & Bunnell, P.A., Fort Lauderdale, for appellee Travelers.

ANSTEAD, Judge.

This is an appeal from a final summary judgment holding that a policy of insurance provided by the appellee, Travelers Indemnity Company, to its insured, Ann Morey, did not provide coverage for the insured's liability under Section 322.09, Florida Statutes (1975), whereby the insured may be liable for her daughter's negligence because of co-signing the minor daughter's application for a driver's license. We affirm.

The appellant, Margaret Quinn, was injured in an accident involving an automobile owned and operated by the appellee, *430 Kimberly Ann Gorman. At the time of the accident Kimberly was not a resident of the household of her mother, Ann Morey. Travelers insured Mrs. Morey under a liability policy which by its terms covered Mrs. Morey and residents of her household for accidents involving anyone's authorized use of Mrs. Morey's automobile and Mrs. Morey's use of any automobile. There was no coverage provided in the policy for Mrs. Morey's liability under Florida Statute 322.09.

The appellant contends that public policy mandates that Section 322.09 be made a part of Travelers' policy as a matter of law for otherwise there will be no insurance coverage in this case. The chief source for the expression of public policy is the legislature. However, we can find no legislative enactments which require that the insurance contract include this coverage. Absent such a legislative requirement the parties are free to contract as they please. The final summary judgment is hereby affirmed.

AFFIRMED.

DOWNEY and LETTS, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1985: 11990: 11991: 11999: 119852026peak 1985 · 1

Relies on it most ⓘ

  1. State Farm Mutual Automobile Insurance v. Novak807 P.2d 531 (Ariz. Ct. App. 1990)
  2. Crawley v. State Farm Mutual Automobile Insurance Co.979 P.2d 74 (Haw. App. 1999)
  3. Tomlinson v. State Farm579 So. 2d 211 (Fla. Dist. Ct. App. 1991)
  4. Boudreau v. GEN. ACC. FIRE & LIFE INS.466 So. 2d 338 (Fla. Dist. Ct. App. 1985)

Most recent

  1. Crawley v. State Farm Mutual Automobile Insurance Co.979 P.2d 74 (Haw. App. 1999)
  2. Tomlinson v. State Farm579 So. 2d 211 (Fla. Dist. Ct. App. 1991)
  3. State Farm Mutual Automobile Insurance v. Novak807 P.2d 531 (Ariz. Ct. App. 1990)
  4. Boudreau v. GEN. ACC. FIRE & LIFE INS.466 So. 2d 338 (Fla. Dist. Ct. App. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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