Travelers Commercial Ins. Co. v. HarringtonAnnotate this Case
Crystal Harrington was injured in a single-car accident while riding as a passenger in a car owned by her father but driven by Joey Williams, a non-family member. The vehicle was insured by Travelers Commercial Insurance Company (Travelers), but the vehicle was excluded from uninsured motorist (UM) coverage pursuant to a “family vehicle exclusion” provision in the policy. Williams was underinsured, and the liability payments from Williams’ insurer, when combined with payments under Harrington’s policy, did not fully cover Harrington’s medical costs. Therefore, Harrington sought UM benefits from Travelers, which denied the claim. Harrington sued Travelers, seeking payment of stacked UM benefits, despite the fact that her mother, the named insured and purchaser of the policy, had expressly selected non-stacking UM coverage. The trial court granted summary judgment for Harrington, concluding (1) the policy provision excluding family vehicles from UM coverage was invalid because it conflicted with Fla. Stat. 627.727(3); and (2) Harrington’s mother’s election of non-stacking UM coverage did not apply to Harrington. The Supreme Court reversed, holding (1) a family vehicle exclusion in an automobile insurance policy does not conflict with section 627.727(3); and (2) UM benefits are not stackable under section 627.727(9) if the named insured or purchaser of the policy made a non-stacking election.