United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH, United States District Judge.
action for declaratory judgment regarding the duties of the
Defendant, Underwriters at Lloyd's London (the
"Defendant"), to defend and/or
indemnify the Plaintiff, Antigoni Stavrakis (the
"Plaintiff), was tried before the Court
on November 6, 2017. According to the Court's order on
summary judgment (Doc. No. 52), the sole factual issue for
trial was whether the Plaintiff's son, Phillip Stavrakis,
was a member of her household at the time of the shooting
incident that prompted this dispute. If Phillip Stavrakis was
a member of his mother's household, any losses caused by
Phillip's conduct are not covered under the
Defendant's policy of insurance. If, on the other hand,
Phillip Stavrakis was not a member of the Plaintiff's
household, any injuries he caused would not be excluded from
coverage under the policy. Having considered the parties'
positions and the evidence introduced and admitted at trial,
the Court makes the following findings of facts and
conclusions of law in accordance with Federal Rule of Civil
Findings of Fact
Plaintiff, Antigoni Stavrakis, owns a duplex comprising Units
406 and 410, Grand Boulevard, Tarpon Springs, Florida 34689.
(Trial Tr. 8:18-23; 13:18-22).
Defendant is the Plaintiff's homeowner's insurer
pursuant to a policy covering 410 Grand Boulevard effective
August 6, 2012 through August 6, 2013. (Doc. No. 45-3, at 8).
The policy provides for $300, 000 in personal liability
insurance for bodily injury or property damage caused by an
occurrence under the policy. (Doc. No. 45-3, at 48).
Plaintiff's property located at 406 and 410, Grand
Boulevard, Tarpon Springs, Florida 34689 was originally
constructed as a triplex. (Trial Tr. 11:10-14). The Plaintiff
and her late husband lived together in Unit 410 for more than
50 years. (Trial Tr. 9:1-2). During that time, the
Plaintiff's aunt lived in the middle unit, Unit 408, for
approximately 15 years. (Trial Tr. 11:17-22). When the
Plaintiff's aunt passed away, the property was converted
into a duplex, and Unit 408 was combined into Unit 410.
(Trial Tr. 11:12-21; 13:18-22).
Throughout this time, Unit 406 was reserved as a rental unit.
(Trial Tr. 11:22-25). Unit 406 is a fully-functioning,
self-contained, one bedroom, one bathroom apartment. (Trial
Tr. 62:19-22). There is no shared living space or internal
means of access between Units 406 and 410. (Trial Tr.
13:15-17). Units 406 and 410 share a common laundry facility
located on (and only accessible from) the exterior of Unit
410. (Trial Tr. 15:1-6; 59:2-5).
Occupation of Unit 406 by John D. and Phillip
the past, the Plaintiff's late husband rented Unit 406 to
various tenants living in the Tarpon Springs area. (Trial Tr.
63:14-18). However, more recently, the Plaintiff and her late
husband allowed their adult sons - John D. (age 58) and
Phillip (age 59) - to live in Unit 406. (Trial Tr. 12:4-12;
9:20-10:9). The Plaintiff and her late husband did not
require either of their sons to enter into written lease
agreements or pay rent when they lived in Unit 406. (Trial
Tr. 14:3-8). Rather, John D. and Phillip paid their parents
approximately $300 per month to cover their utilities. (Trial
Tr. 14:13-18; 57:5-10). The Plaintiff and her late husband
paid all of the taxes and insurance on Units 406 and 410.
(Trial Tr. 27:13-22).
D. lived in Unit 406 for approximately 5 years. (Trial Tr.
12:5-7). While residing in Unit 406, John D. assisted his
parents by mowing the lawn and helping them maintain their
financial affairs. (Trial Tr. 108:14-24; 117:18-118:3). After
John D. moved out, the property sat vacant for a period of
time, and was later occupied by Phillip. (Trial Tr. 12:9-12).
Phillip Stavrakis' Personal Life while Living in Unit
Before moving into Unit 406, Phillip had been estranged from
the family for approximately 20 years. (Trial Tr. 114:18-24).
At some point, Phillip attended and obtained a master's
degree in clinical psychology from a college in Alabama.
(Trial Tr: 12:9-11). He then moved back to Florida and spent
some time living in ...