FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Orange County, Heather L. Higbee,
F. Lumish and Daniel A. Rock, of Bowman and Brooke LLP,
Miami, for Appellant.
Jessica 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
AAA's 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
relevant portions of the policy read as follows:
Certain other words and phrases have a defined meaning when
they are printed in bold italic type.
Bodily injury - means bodily harm, sickness or
disease, including death therefrom.
1. We will pay damages for which any insured is
legally liable because of bodily injury . . . caused
by an auto accident. Auto accident means an accident arising
out of the ...