Ins. Co. of North Am. v. Estelle Stevens, Donald C. Stevens, & Mark O'neill, a Minor, 425 F.2d 704 (5th Cir. 1970). · Go Syfert
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Ins. Co. of North Am. v. Estelle Stevens, Donald C. Stevens, & Mark O'neill, a Minor, 425 F.2d 704 (5th Cir. 1970). Cases Citing This Book View Copy Cite
9 citation events across 6 distinct courts.
Strongest positive: Cobb v. State Security Insurance Co. (mo, 1979-02-13)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Cobb v. State Security Insurance Co. (2×)
Mo. · 1979 · signal: see · confidence high
The term "relative" has been defined as "A kinsman; a person connected with another by blood or affinity." Black's Law Dictionary at 1453 (Revised 4th ed., 1968); See Insurance Co. of No. America v. Stevens, 425 F.2d 704 (5th Cir. 1978) (nephew is a "relative"). [19] In an uninsured motorist case, a stepdaughter was held to be a relative "within the generally accepted meaning of the word." Box v. Doe, 221 So.2d 666, 669 (La.App.1969).
cited Cited "see" Yarbert v. Industrial Fire & Casualty Insurance
Ill. App. Ct. · 1978 · signal: accord · confidence high
Accord, Insurance Company of North America v. Stevens (5th Cir. 1970), 425 F.2d 704 .
discussed Cited "see, e.g." H.R. McArthur v. A.A. Green & Co. of Florida
Fla. Dist. Ct. App. · 1994 · signal: see also · confidence medium
Paddock v. Bay Concrete Indus., Inc., 154 So.2d 313, 315-16 (Fla. 2d DCA 1963); see American Medical Int’l, Inc. v. Scheller, 462 So.2d 1, 7-8 (Fla. 4th DCA 1984), rev. denied, 471 So.2d 44 (Fla.), cert. denied, 474 U.S. 947 , 106 S.Ct. 345 , 88 L.Ed.2d 292 (1985); see also Insurance Co. of N. Am. v. Stevens, 425 F.2d 704, 705 (5th Cir.1970).
discussed Cited "see, e.g." McArthur v. AA GREEN & CO. OF FLA.
Fla. Dist. Ct. App. · 1994 · signal: see also · confidence medium
Paddock v. Bay Concrete Indus., Inc., 154 So.2d 313, 315-16 (Fla. 2d DCA 1963); see American Medical Int'l, Inc. v. Scheller, 462 So.2d 1, 7-8 (Fla. 4th DCA 1984), rev. denied, 471 So.2d 44 (Fla.), cert. denied, 474 U.S. 947 , 106 S.Ct. 345 , 88 L.Ed.2d 292 (1985); see also Insurance Co. of N. Am. v. Stevens, 425 F.2d 704, 705 (5th Cir.1970).
Retrieving the full opinion text from the archive…
INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee,
v.
Estelle STEVENS, Donald C. Stevens, and Mark O’Neill, a Minor, Defendants-Appellants
29088.
Court of Appeals for the Fifth Circuit.
May 14, 1970.
425 F.2d 704
Maurice Fixel, Hollywood, Fla., for defendants-appellants., Charles C. Papy, Jr., Coral Gables, Fla., for plaintiff-appellee.
Gewin, Goldberg, Dyer.
Cited by 9 opinions  |  Published
[*705] PER CURIAM.

John Bolen was insured by Insurance Company of North America. His nephew, O’Neill, while riding as a passenger on a motorcycle being operated by Bolen’s son, was injured when the motorcycle collided with an uninsured automobile. Insurance Company brought an action for declaratory judgment seeking a determination of its liability to O’Neill. In a non-jury trial, the District Court found that there was no coverage because, although O’Neill was a relation, he was not a resident in the same household of Bolen. We agree and affirm. [1]

The facts were stipulated. The only dispute concerns the correct interpretation of the Uninsured Motorists Coverage provisions. In pertinent part they provide:

The definitions under Bodily Injury and Property Damage Liability Coverage, except the definition of “Insured” apply to Uninsured Motorists Coverage, and under Uninsured Motorists Coverage:
“insured” means:
(a) the named insured and any relative;

Bodily Injury and Property Damage Liability Coverage defines relative as follows:

‘relative’ means a relative of the named insured who is a resident of the same household; (emphasis supplied).

We agree with and adopt the District Court’s conclusions:

[T]o accept the defendant’s construction of the terms of the policy would require the Court to construe the controlling provisions in a manner lending itself to strained and absurd results. Paddock v. Bay Concrete Industries, Inc., 154 So.2d 313 (Fla.App. 1963); See Also, Motor Vehicle Casualty Co. v. Atlantic National Insurance Co., 374 F.2d 601 (5 Cir. 1967).
The term ‘relative’ as used in the ‘Uninsured Motorists’ section of the policy is, under the plain language of the policy, limited to relatives of the insured who are members of the same household. Only the definition of an ‘insured’ under the policy and no other definition is redefined specially for uninsured motorist coverage. The definition of the term ‘relative’ must be taken from the ‘Bodily Injury and Property Damage Liability Coverage’ section. (District Court’s paragraph numbering deleted.)

Any other construction of the policy would indeed lead to an absurd result “[a]nd a Court ought always, we suppose, to hesitate a little bit at least before making a pronouncement that the parties intended a senseless result.” Motor Vehicle Casualty Co. v. Atlantic National Insurance Co., supra, at 605.

Affirmed.

1

. Pursuant to our Rule 18 this case is decided without oral argument.