RELIANCE INS. CO. v. WIGGINS

No. 4D99-2660.

763 So.2d 450 (2000)

RELIANCE INSURANCE COMPANY, Appellant, v. Willie WIGGINS, Michelle Wiggins, his Wife, Adrienne Conine, as Personal Representative of the Estate of Jack David Dorn, Deceased, and Fort Lauderdale Leasing, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 4, 2000.


Attorney(s) appearing for the Case

Raoul G. Cantero, III, Gregory A. Victor, and Jonathan D. Colan of Adorno & Zeder, P.A., Miami, for appellant.

Robert Rossano of Rossano, Torrent & Leyte-Vidal, P.A., Miami, for Appellees-Willie Wiggins and Michelle Wiggins, his wife.

James T. Sparkman of Sparkman, Robb & Mason, Fort Lauderdale, for Appellee-Adrienne Conine, as Personal Representative of the Estate of Jack David Dorn, Deceased.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Howard K. Coates, Jr., Jonathan M. Fordin, and Mary F. April of Proskauer Rose LLP, Boca Raton, for Appellee-Fort Lauderdale Leasing, Inc.


GROSS. J.

The issue in this case is whether the lessor "regained" custody of a vehicle within the meaning of an insurance policy exclusion when an independent contractor repossessed the vehicle at the direction of the lessor. We hold that the repossession triggered the policy exclusion.

Fort Lauderdale Leasing, Inc.'s ("FLL") predecessor in interest leased a Ford Explorer to Albert Matani on January 11, 1995. The lease was for a 48-month term. Consistent with...

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