Florida Third District Court Issues Opinion Regarding Sierra Auto Center Vs. Granada Insurance - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
April 13, 2021 Newswires
Share
Share
Tweet
Email

Florida Third District Court Issues Opinion Regarding Sierra Auto Center Vs. Granada Insurance

Targeted News Service

TALLAHASSEE, Florida, April 7 -- The Florida Third District Court issued the following opinion (No. 3D19-2388):

Not final until disposition of timely filed motion for rehearing.

Sierra Auto Center, Inc., et al., Appellants, vs. Granada Insurance Company, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.

Wolfson Law Firm, LLP, and Jonah M. Wolfson, for appellants.

Hinshaw & Culbertson LLP, James H. Wyman and Ronald L. Kammer, for appellee, Granada Insurance Company.

Before FERNANDEZ, LINDSEY and GORDO, JJ.

GORDO, J.

Sierra Auto Center, Inc. and Sierra Auto Center Miami Beach, LLC appeal a final summary judgment declaring that insurer, Granada Insurance Company, had no duty to defend or indemnify Sierra in an underlying negligence action arising out of an assault and battery that occurred on its premises based on the policy's express assault and battery exclusion. We have jurisdiction. Fla. R. App. P. 9.110(a)(1). Finding no error in the trial court's determination that Granada had no legal duty to defend, we affirm.

Jaime Bastos Tejada brought a negligence action against Sierra after he was battered on Sierra's business premises. Tejada alleged Sierra negligently failed to provide adequate security, failed to timely intervene, failed to foresee and warn of the risk of assault created by the conditions of the premises and failed to improve existing security measures. At the time of the incident, Sierra was insured under a commercial liability policy issued by Granada. The policy contained the following assault and battery endorsement:

EXCLUSION - ASSAULT AND BATTERY

THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Section I - Coverages

Coverage A.

2. Exclusions

The following is added as an Exclusion.

This insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of or resulting from:

(a) any actual, threatened or alleged assault or battery;

(b) the failure of any insured or anyone else for whom any insured is or could be held legally liable to prevent or suppress any assault or battery; or

(c) the negligent:

(i) employment;

(ii) investigation;

(iii) supervision;

(iv) training;

(v) retention;

of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) or (b) above; (d) any other cause of action or claim arising out of or as a result of (a), (b), or (c) above . . .

After Sierra sought coverage, Granada filed a declaratory judgment action requesting a declaration that it had no obligation under the policy to defend or indemnify Sierra for claims brought by the injured patron in the underlying negligence action because the claims stemmed from the battery that occurred on its premises. Granada moved for summary judgment based on the assault and battery exclusion. The trial court granted summary judgment.

We review the grant of summary judgment de novo. Wilshire Ins. Co. v. Poinciana Grocer, Inc., 151 So. 3d 55, 56 (Fla. 5th DCA 2014).

"The general rule is that an insurance company's duty to defend an insured is determined solely from the allegations of the complaint against the insured." Id. at 57 (citations omitted). "[I]f the pleadings show the applicability of a policy exclusion, the insurer has no duty to defend." Id. (citations omitted).

The policy specifically excluded from coverage any bodily injury "arising out of or resulting from" an actual battery, failure to prevent the battery and related negligence claims. "The term 'arising out of' is broader in meaning than the term 'caused by' and means 'originating from,' 'having its origin in,' 'growing out of,' 'flowing from,' 'incident to' or 'having a connection with.'" Taurus Holdings, Inc. v. U.S. Fid. & Guar. Co., 913 So. 2d 528, 539 (Fla. 2005) (quoting Hagen v. Aetna Cas. & Sur. Co., 675 So. 2d 963, 965 (Fla. 5th DCA 1996)). We have no difficulty discerning that Tejada's negligence claims arose out of the battery incident that occurred on Sierra's premises and fell under the policy's exclusion.

It is well-established precedent that where the claimant's injuries arise out of or result from a physical altercation, an assault and battery exclusion--such as the exclusion in the Granada policy--bars coverage for the claim against the insured. See Poinciana, 151 So. 3d at 57 ("[B]ecause the contract expressly provides claims arising out of battery, including negligence, are not covered, we reverse the order finding a duty to defend . . .");

Perrine Food Retailers, Inc. v. Odyssey Re (London) Ltd., 721 So. 2d 402, 404 (Fla. 3d DCA 1998) ("An assault and battery exclusion in a liability policy precludes coverage for the negligence of the insured which arises as a result of the assault and battery."); Miami Beach Ent., Inc. v. First Oak Brook Corp. Syndicate, 682 So. 2d 161, 162 (Fla. 3d DCA 1996) ("We hold that under the specific terms of the assault and battery exclusion, the trial court correctly found that coverage did not lie . . . Although the complaint was couched in terms of the bar owner's negligence in failing to keep control over its patrons, for purposes of determining insurance coverage, the injuries arose from the assault and battery." (citing Britamco Underwriter's, Inc. v. Zuma Corp., 576 So. 2d 965, 965 (Fla. 5th DCA 1991) (bar whose customer recovered judgment against bar owner for negligence was not entitled to coverage by insurer when customer's claim arose from assault and battery, and policy excluded coverage for assault and battery))); Smith v. Gen. Accident Ins. Co. of Am., 641 So. 2d 123, 125 (Fla. 4th DCA 1994) ("[I]t appears abundantly clear to us that the plaintiff's complaint has been framed in negligence solely to reach the 'deep pocket' of the insurance company (or its insured), as there is a clear exclusion in the policy for assault and battery by a patron, which is what occurred in this case." (citation omitted)).

Accordingly, we conclude the trial court correctly entered summary judgment in favor of Granada.

Affirmed.

Older

Short Term Health Insurance Market Still Has Room to Grow : Emerging Players Aetna, Cigna, AIA Insurance, Express Scripts

Newer

Piney Point crisis leads DeSantis, state leaders to put together a full closure plan

Advisor News

  • Bill that could expand access to annuities headed to the House
  • Private equity, crypto and the risks retirees can’t ignore
  • Will Trump accounts lead to a financial boon? Experts differ on impact
  • Helping clients up the impact of their charitable giving with a DAF
  • 3 tax planning strategies under One Big Beautiful Bill
More Advisor News

Annuity News

  • An Application for the Trademark “EMPOWER INVESTMENTS” Has Been Filed by Great-West Life & Annuity Insurance Company: Great-West Life & Annuity Insurance Company
  • Bill that could expand access to annuities headed to the House
  • LTC annuities and minimizing opportunity cost
  • Venerable Announces Head of Flow Reinsurance
  • 3 tax planning strategies under One Big Beautiful Bill
More Annuity News

Health/Employee Benefits News

  • Running out of time, Republicans in Congress still lack a health plan
  • Insurer switches Tacoma health systems for coverage on individual plans
  • Harrisburg council faces steep health insurance increase
  • Data on Managed Care Detailed by Researchers at Louisiana State University (Uptake of Medicaid Billing for Community Health Worker Services In Louisiana, 2022-2023): Managed Care
  • Research Results from Graduate School of Pharmaceutical Sciences Update Knowledge of Health Economics (Overview of the Japanese Rapid Introduction Premium as a drug pricing framework to enhance patient access to innovative drugs): Economics – Health Economics
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • On the Move: Dec. 4, 2025
  • Judge approves PHL Variable plan; could reduce benefits by up to $4.1B
  • Seritage Growth Properties Makes $20 Million Loan Prepayment
  • AM Best Revises Outlooks to Negative for Kansas City Life Insurance Company; Downgrades Credit Ratings of Grange Life Insurance Company; Revises Issuer Credit Rating Outlook to Negative for Old American Insurance Company
  • AM Best Affirms Credit Ratings of Bao Minh Insurance Corporation
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Slow Me the Money
Slow down RMDs … and RMD taxes … with a QLAC. Click to learn how.

ICMG 2026: 3 Days to Transform Your Business
Speed Networking, deal-making, and insights that spark real growth — all in Miami.

Your trusted annuity partner.
Knighthead Life provides dependable annuities that help your clients retire with confidence.

Press Releases

  • Altara Wealth Launches as $1B+ Independent Advisory Enterprise
  • A Heartfelt Letter to the Independent Advisor Community
  • 3 Mark Financial Celebrates 40 Years of Partnerships and Purpose
  • Hexure Launches AI Enabled Version of Its Platform to Power Life Insurance Sales
  • National Life Group Board Approves Dividends for 2026
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2025 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet