American States Insurance Co. v. Allstate Insurance Co.
Florida District Court of Appeal
484 So. 2d 1363 (1986)
Allstate Insurance Co. (Allstate) (defendant) issued an automobile-insurance contract to June Connor. The contract covered incidents that arose out of the ownership, maintenance, or use of June’s pickup truck. While the contract was in effect, June’s son drove June’s pickup truck to a store. The son’s dog came along for the ride in the bed of the pickup truck, which had a camper top. Riding along in the passenger seat was the son’s friend, William Sullivan. When they arrived at the store, the two men got out of the truck. The dog remained in the truck bed, by the camper top’s open window. When Sullivan walked by the open window, the dog bit him, seriously injuring him. Sullivan sought damages from June. June submitted Sullivan’s claim to her homeowner’s-insurance carrier, American States Insurance Co. (American States) (plaintiff). American States reached a settlement with Sullivan and obtained an assignment from June. American States then sued Allstate for reimbursement of the settlement amount. In response, Allstate contended that there was no coverage under the automobile-insurance contract because the incident did not arise out of the ownership, maintenance, or use of the pickup truck. The trial court entered judgment in favor of Allstate. American States appealed.
Rule of Law
Holding and Reasoning (Orfinger, J.)
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