SC10-1070 - Monica Steele, v. Geico Indemnity Company, Et Al.

State: Florida

Docket No: SC10-1070

Case Date: 11/23/2011

Preview:Supreme Court of Florida
____________ No. SC10-1068 ____________ RETHELL BYRD CHANDLER, etc., et al., Petitioners, vs. GEICO INDEMNITY COMPANY, et al., Respondents. ____________ No. SC10-1070 ____________ MONICA STEELE, Petitioner, vs. GEICO INDEMNITY COMPANY, et al., Respondents. [November 23, 2011] LEWIS, J. Petitioners seek review of the decision of the First District Court of Appeal in Geico Indemnity Co. v. Shazier, 34 So. 3d 42 (Fla. 1st DCA 2010), on the basis that it conflicts with the decisions of this Court in Susco Car Rental System of

Florida v. Leonard, 112 So. 2d 832 (Fla. 1959), and Roth v. Old Republic Insurance Co., 269 So. 2d 3 (Fla. 1972). In Shazier, the district court resolved a question regarding an insurers duty to defend and indemnify its insured in favor of the insurer. In doing so, the First District relied on a very constricted definition of "consent" and employed an unauthorized driver provision in contradiction of our clear precedent to the contrary under Floridas dangerous instrumentality doctrine to defeat coverage. We have jurisdiction. See art. V,

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