Court for Orange County, Heather L. Higbee, Judge.
F. Lumish and Daniel A. Rock, of Bowman and Brooke LLP,
Miami, for Appellant.
C. Conner, of Dean, Ringers, Morgan & Lawton, P.A., Orlando,
for Appellee, The Estate of Norman Lewis.
Appearance for Appellee Billie Jarrard.
A. Shepherd and Lesley-Anne Marks, of Gray Robinson, P.A.,
Miami, Amicus Curiae for American Property Casualty Insurance
Club Insurance Company of Florida ("AAA") appeals
the final summary judgment entered against it in a
declaratory judgment action that it filed against the Estate
of Norman Lewis ("the estate"). The declaratory
judgment action was brought to determine the extent of AAAs
liability pursuant to the automobile insurance policy held by
its insured, Billy Jarrard. In a separate action, it was
alleged that Jarrard struck and killed Lewis while operating
his vehicle. That action included loss of consortium claims
on behalf of Lewis parents. The limits of liability under
the policy were $100,000 per person and $300,000 per
occurrence. AAA contends that, under the terms of the policy,
Lewis parents loss of consortium claims are subject to a
single per person liability limit. The estate successfully
argued to the trial court that Lewis parents loss of
consortium claims are separate "bodily injury"
claims such that their claims are not subject to a single per
person limit. We reverse.
relevant portions of the policy read as follows:
Certain other words and phrases have a defined meaning when
they are printed in bold italic
Bodily injury - means bodily harm,
sickness or disease, including death therefrom.