HomeMy WebLinkAbout1978 : 3
Prudential's so-called "easy reading family auto
policy" (CP-1) contained a provision on page 12 of the Florida
Endorsement Booklet as follows:
" The following sentences are added to Losses .
We Want Pay for (Part 3):
We won't pay for injury or damage caused by
anyone using a car (not covered under this part)
owned by a relative living in your household.
Nor by anyone using a car (not covered under this
part) which you don't own if it is furnished for
your regular use or for the regular use~~of such
relatives (for example, a company car).
Although Mr. Rennedy in effect had exclusive possession
of the Toyota camper, nevertheless, it was owned by the law firm
of Mcl~ianus ~ Rennedy, a Professional Association. Therefore, the
Toyota camper was not owned by Edward J. Rennedy at the time of .
the accident on January 12, 1978, but was in effect a company
car and thus, was excluded from coverage under Prudential's
1
policy. See Battle v Coleman, 336 Sold 140 (1 DCA 1976).
s
Prudential was not formally notified of a possible claim '
in regard to the accident on January 12, 1978 until July 5, 1979.
However, two local agents of Prudential had actual knowledge of
this automobile accident approximately two weeks after the acct-
i
dent occurred. This accident was investigated by and has been
i F
~ defended by the attorney and the insurance carrier for McManus
~ Rennedy, Professional Association. Thus, there has been no
prejudice against ,Prudential in the investigation of the accident
~ and defense of this suit. Coverage could not be denied by
Prudential on the basis of delay and notification of the accident.
It is thereupon
ORDERED and ADJUDGED that Prudential Property and
Casualty Insurance Company's "easy reading family auto policy"
did not cover any liability on behalf of Edward J. Rennedy as
f
a result of the automobile accident on January 12, 1978 in-
volving the Plaintiff, Claude T. Jackson.
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"
P
~~331 P~1g77