The case, involving a minor plaintiff who is the daughter of the plaintiff attorney, and who suffered serious injury to her knee, low back and neck, began at KD when Sharon Degnan, in the Orlando office, and Laurie Adams and Melonie Bueno, in the West Palm Beach office, were asked to take over the defense of a UM case that was set for trial, had a pending summary judgment motion filed against the insurer, as well as several discovery sanction hearings coming up. While it originally looked bleak, Sharon successfully developed and raised a UM coverage defense of first impression in Florida, to which multiple trial judges agreed, as well as the Fourth District Court of Appeal– that a plaintiff is not entitled to UM coverage when a vehicle is used as a premises.
The negligence claim against the tortfeasor in the UM case alleged negligent personal training in a Mobile Gym. Without Florida case law on point, Sharon argued that an exclusion in the policy, which excluded from the definition of “uninsured auto” a “land motor vehicle . . . located for use as a . . .residence or premises” applied to preclude UM coverage from being owed since the Mobile Gym was not being used as a motor vehicle, but rather as a premises—a gym—while plaintiff was weight training. See opinion HERE.