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Allstate Indemnity Co. v. Wise5/30/2001
gislature has mandated that the insurance policies be "readable." See § 627.4145, Fla. Stat. (2000). The legislature has apparently concluded that the forces of the marketplace will regulate the content of these policies so long as the purchaser can read and understand the coverage being purchased. Although the marketplace may be an adequate safeguard for the content of commercial insurance policies purchased by corporations with professional risk managers, I must admit I question whether the marketplace provides adequate protection to the average purchaser of family automobile liability coverage. Once again, I can question these policies, but only the legislature can change them.
The need for adequate family automobile liability insurance is heightened by Florida's dangerous instrumentality doctrine. At the dawn of the automobile era, when cars were still a luxury owned by few, the Florida Supreme Court held that an automobile was a dangerous instrumentality. See S. Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (Fla. 1920). This holding, apparently unique to Florida, created needed protection for the victims of automobile accidents in an era predating concepts of financial responsibility. See Aurbach v. Gallina, 753 So. 2d 60, 62 (Fla. 2000). Today, as a result of Southern Cotton Oil, a husband and wife who jointly own a car have unlimited liability for its use by any authorized driver, including the family's teenage children. See Aurbach, 753 So. 2d at 62.
As a result of the dangerous instrumentality doctrine, exclusions like the one involved in this case have the potential to be devastating for a family. The facts in this case involve serious, atypical criminal misconduct. However, a family purchasing automobile insurance needs to understand the types of claims that Allstate has the option to deny as a result of this exclusion.
Since 1974, most traffic violations have been classified as civil infractions. See § 318.12, Fla. Stat. (2000). However, the legislature has wisely decided to classify DUI and reckless driving as criminal offenses precisely because they are "reasonably expected" to result in bodily injury or property damage. See § 316.192, .193, Fla. Stat. (2000). Each holiday season, the Florida Highway Patrol reports on the high percentage of accidents with fatalities that are caused by drunk driving or reckless driving. Allstate has positioned itself to deny coverage for any claim where the death or bodily injury is caused by a drunk or reckless driver. As an insured, you have no guaranty of protection from Allstate for any claim involving a criminal violation of the Florida Uniform Traffic Control Law.
Of equal or greater importance, this exclusion denies protection if the injury is reasonably expected as a result of the criminal act of "an insured," not "the insured." This means that a husband and wife may have no coverage for their liability under the dangerous instrumentality doctrine when a teenage child kills someone while driving recklessly or while drunk. Allstate has effectively given itself the option to deny coverage for many major liability claims with no apparent disclosure to the consumer beyond the "readable" language of the exclusion and with no obvious reduction in premium.
Thus, although I dissent in this case, my heart is with the majority. The legislature would do the families of this state a service if it reviewed the need for legislation regulating the content of family automobile liability insurance policies.
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