TAMPA – An insurer seeks judgment from the court that it does not have a duty to defend or indemnify a minor in a suit over a motor vehicle accident.
RLI Insurance Co. filed a complaint on Nov. 30 in the Tampa Division for the Middle District of Florida against Richard Ford, Tina Ford and M.F., by and through her parent, Richard Ford seeking declaratory relief.
According to the complaint, the plaintiff alleges that on March 4, 2015, minor defendant, M.F., was driving her brother's pickup truck with four other passengers in Mulberry when she lost control of the vehicle that caused it to flip over. The suit states she was cited for negligence and driving without the company of a licensed driver older than 21 years old, and that she and her guardians were then sued by one of her passengers. It alleges it has no duty to defend or indemnify M.F. because she used the truck without permission and is therefore not covered under the policy.
The plaintiff requests declaration that it has no duty to defend or indemnify defendants, award costs incurred to prosecute action and other relief that the court deems just. It is represented by Sina Bahadoran and John J. Cavo of Hinshaw & Culbertson LLP in Miami.
Tampa Division for the Middle District of Florida Case number 8:16-cv-03291