insuring clause in Florida

12 Florida opinions name it 2 courts 1971–2021 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
St. Paul Fire & Marine Ins. v. Thomasgreen fladistctapp · 1973 · cited in 2 Florida opinions naming this issue, 1997–2002 2 sentences 2002In discussing Thomas in Westmoreland , Judge Farmer noted: First, we note that Thomas saw a distinct difference in the way arising out of should be construed in an insuring clause from the way it should be construed in an exclusionary clause. 273 So.2d at 120 ("[W]e are constrained to follow the well settled and almost universally accepted principle of construing the exclusion in a manner which affords the broadest coverage." [e.s.]). 1997First, we note that Thomas saw a distinct difference in the way arising out of should be construed in an insuring clause from the way it should be construed in an exclusionary clause. 273 So.2d at 120 ("[W]e are constrained to follow the well settled and almost universally accepted principle of construing the exclusion in a manner which affords the broadest coverage. " [e.s.]).	2	2
PRUDENTIAL PROPERTY AND CAS. v. Swindalgreen fla · 1993 · cited in 1 Florida opinions naming this issue, 1997–1997 2 sentences 1997The accidental death insurance policy provides coverage where "the insured's death... results directly (and independently of all 854 other causes) from a bodily injury ... caused by an accident...." [2] The insurance policy does not contain a definition of the term "accident." We agree with plaintiff that the Florida Supreme Court decision in Prudential Property and Casualty Insurance Co. v. Swindal, 622 So.2d 467 (Fla.1993), is dispositive on this issue. 1997*Accordingly, the Court held the injury was covered by the policy in which the insurer had agreed to pay if the insured should meet his death by accidental means. 622 So.2d at 470 . [3] Following the court's reasoning, we conclude that the unexpected and unintended allergic reaction to the prescription medication constitutes an "accident" for purposes of the insuring clause.	1	1
Emmco Ins. Co. v. S. TERMINAL & TRANSP. CO.green fladistctapp · 1976 · cited in 1 Florida opinions naming this issue, 1980–1980 1 sentence 1980See Emmco Insurance Company v. Southern Terminal and Transportation Company, 333 So.2d 80 (Fla. 1st DCA 1976).	1	1
Miller v. US Fidel. & Guar. Co.green njsuperctappdiv · 1974 · cited in 1 Florida opinions naming this issue, 1979–1979 1 sentence 1979See Annot., 46 A.L.R.3d 1024 n. 2 (1972). [3] Miller, 316 A.2d at 55 -56: Here, the undisputed evidence established that Daryl was in fact a resident of two households.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Citizens Property Insurance v. Mango Hill 6 Condominium Ass'n green fladistctapp · 2013 1 sentence 2021Ass’n, Inc., 117 So. 3d 1226 , 1227 n.1 (Fla. 3d DCA 2013) (“‘Appraisal award’ is really a misnomer because the appraisal panel only determines the amount of loss, not an insured’s entitlement to any damages, prominently including coverage issues such as whether the loss falls within the insuring clause of the policy, and whether the loss was caused by a covered peril.”). 9	1	2021–2021
Race v. Nationwide Mut. Fire Ins. Co. green fla · 1989 1 sentence 2005In Race v. Nationwide Mutual Fire Insurance Co., 542 So.2d 347 (Fla.1989), the issue was whether uninsured motorist coverage covered injuries arising from a physical altercation that occurred just after an accident.	1	2005–2005
Westmoreland v. Lumbermens Mut. Cas. Co. green fladistctapp · 1997 1 sentence 2002Accordingly, the link *94 between an injury and an automobile is not alone, without more, determinative of the construction of the policy provision. 704 So.2d at 185-86 .	1	2002–2002
Puig v. CITICORP LIFE INSURANCE CO. green fladistctapp · 1997 1 sentence 1999Id.	1	1999–1999
GOV. EMPLOYEES INS. CO. v. Novak green fla · 1984 1 sentence 1997PIP insurance is required by a statute that uses the same formulation "loss sustained ... as a result of bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle." [e.s.] 453 So.2d at 1118 .	1	1997–1997
Beneficial Standard Life Ins. Co. v. Forsyth green fladistctapp · 1984 1 sentence 1997The fact that the decedent intentionally ingested the prescription drug does not defeat coverage, for the allergic reaction was a "fortuitous and undesigned injury." Id. at 471 (citation omitted). [4] The insurer relies on Beneficial Standard Life Insurance Co. v. Forsyth, 447 So.2d 459 (Fla. 2d DCA 1984), but we distinguish that case.	1	1997–1997
Crown Life Ins. Co. v. McBride green fla · 1987 1 sentence 1993The Hinestrosas seek to avoid AIU by the shelter of Crown Life Insurance Co. v. McBride, 517 So.2d 660 (Fla. 1987).	1	1993–1993
Indiana Ins. Co. v. Winston green fladistctapp · 1979 1 sentence 1981Winston, supra. Accordingly, since the pouring of gas in the carburetor was done for the purpose of starting the truck, resulting injuries suffered by Ming arose out of the maintenance of the vehicle.	1	1981–1981
Mobley v. Allstate Insurance Company neutral fladistctapp · 1973 1 sentence 1975Co., Fla.App.2d 1973, 276 So.2d 495 , this court interpreted similar language in the insuring clause of an uninsured motorist endorsement to include loss of consortium as an element of damage recoverable by an insured.	1	1975–1975
National Indemnity Co. v. Ewing green md · 1964 2 sentences 1971The words `arising out of' when used in such a provision are of broader significance than the words `caused by,' and are ordinarily understood to mean originating from, incident to, or having connection with the use of the vehicle." and, at Section 4316, page 142: "The term `use' is the general catch-all of the insuring clause, designed and construed to include all proper uses of the vehicle not falling within one of the previous terms of definition." In National Indemnity Co. v. Ewing, 235 Md. 145 , 200 A.2d 680 , the Court in construing the words "arising out of" ownership, maintenance or us 1971The words `arising out of' when used in such a provision are of broader significance than the words `caused by,' and are ordinarily understood to mean originating from, incident to, or having connection with the use of the vehicle." and, at Section 4316, page 142: "The term `use' is the general catch-all of the insuring clause, designed and construed to include all proper uses of the vehicle not falling within one of the previous terms of definition." In National Indemnity Co. v. Ewing, 235 Md. 145 , 200 A.2d 680 , the Court in construing the words "arising out of" ownership, maintenance or us	1	1971–1971

Where else courts name it

CA 115 (1960–2025) TX 25 (1942–2016) NY 16 (1940–2024) MO 15 (1932–2019) MA 14 (1953–2011) NJ 12 (1961–2021) FL 12 (1971–2021) AZ 12 (1984–2021) IN 12 (1925–2018) NM 10 (1961–2012) ND 9 (1967–2013) TN 8 (1951–1999) LA 7 (1939–1987) WA 6 (1946–2006) IA 6 (1942–2016) IL 6 (1934–2023) PA 5 (1936–2001) NC 5 (1938–1996) WI 4 (1984–2015) MS 4 (1961–2010) UT 4 (1938–2013) WV 3 (1982–2013) KY 3 (1932–2010) MD 3 (1997–2022) AL 3 (1984–1988) OH 3 (1959–1994) MN 2 (1979–1988) SC 2 (2012–2013) MI 2 (1943–1957) GA 2 (1941–1952) AR 2 (1932–1963) NE 2 (1936–1968) VT 2 (2019–2019) OR 2 (1978–1979) VA 2 (1957–1976)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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