State Farm v. Menendez, So.3d, 35 FLW D133 (Fla. 3d DCA 1-6-2010)
In this case, Gilda Menendez allowed her granddaughter, Fabiola, to use a vehicle insured by State Farm. Ms. Menendez and her granddaughter’s parents were passengers in the car while Fabiola was driving. Fabiola negligently operated the vehicle and caused an accident resulting in injuries to everyone. At the time of the accident, Fabiola lived in her parents’ home and Ms. Menendez lived at a separate address.
State Farm considered Fabiola an “insured” under the policy because she had permission to operate her grandmother’s vehicle. However, State Farm denied her parents’ bodily injury claims because of a “household exclusion” provision. The provision excluded “any insured or any member of an insured’s family residing in the insured’s household.” State Farm concluded that the parents were members of their daughter’s “household” and not eligible for bodily injury coverage under the policy. (more…)
