Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stavrakis v. Underwriters at Lloyd's London

United States District Court, M.D. Florida, Tampa Division

December 1, 2017

ANTIGONI STAVRAKIS, Plaintiff,
v.
UNDERWRITERS AT LLOYD'S LONDON, Defendant.

          ORDER

          ELIZABETH A. KOVACHEVICH, United States District Judge.

         This 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[1] in accordance with Federal Rule of Civil Procedure 52(a)(1):

         I. Findings of Fact

         A. The Parties

         1. The 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).

         2. The 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).

         B. The Duplex

         3. The 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).

         4. 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).

         C. Occupation of Unit 406 by John D. and Phillip Stavrakis

         5. In 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).

         6. John 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).

         D. Phillip Stavrakis' Personal Life while Living in Unit 406

         7. 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.