The case involved a minor plaintiff, who is the daughter of the plaintiff’s attorney, and who suffered serious injuries to her knee, lower back, and neck. The case began when Sharon Degnan from the Orlando office, along with Laurie Adams and Melonie Bueno from the West Palm Beach office, were assigned to defend a UM (Uninsured Motorist) case that was set for trial. The case had a pending summary judgment motion against the insurer and several upcoming discovery sanction hearings.
Although the situation initially seemed challenging, Sharon developed a new UM coverage defense in Florida. She argued that a plaintiff is not entitled to UM coverage when a vehicle is used as a premises. This argument was accepted by several trial judges and the Fourth District Court of Appeal.
The negligence claim in the UM case involved alleged negligent personal training in a Mobile Gym. Without specific Florida case law to reference, Sharon argued that an exclusion in the insurance policy should apply. The policy excluded coverage for a “land motor vehicle . . . located for use as a . . . residence or premises.” Sharon contended that since the Mobile Gym was being used as a gym rather than a motor vehicle during the plaintiff’s weight training, UM coverage should not apply.
