Rethell Byrd CHANDLER, etc., et al., Petitioners, v. GEICO INDEMNITY COMPANY, et al., Respondents. Monica Steele, Petitioner, v. Geico Indemnity Company, et al., Respondents. SC10–1068, SC10–1070.

Decided: November 23, 2011 David H. Burns of Cox, Burns and Giddings, P.A., Henry J. Graham of The Graham Law Firm, P.A., and Henry C. Hunter of Hunter and Associates, James E. Of Fonvielle, Lewis, Foote and Messer, Tallahassee, FL, for Petitioners.

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Flowers of Kubicki Draper, Ocala, FL, for Respondent. Petitioners seek review of the decision of the First District Court of Appeal in Geico Indemnity Co. Shazier, 34 So.3d 42 (Fla. 1st DCA 2010), on the basis that it conflicts with the decisions of this Court in Susco Car Rental System of Florida v. Leonard, 112 So.2d 832 (Fla.1959), and Roth v. Old Republic Insurance Co., 269 So.2d 3 (Fla.1972). In Shazier, the district court resolved a question regarding an insurer's duty to defend and indemnify its insured in favor of the insurer.

In doing so, the First District relied on a very constricted definition of “consent” and employed an unauthorized driver provision in contradiction of our clear precedent to the contrary under Florida's dangerous instrumentality doctrine to defeat coverage. We have jurisdiction. V, § 3(b)(3), Fla. Crack Asprise Ocr Sdk. BACKGROUND Kutasha Shazier was a named insured and owner of a Ford Expedition listed in her automobile insurance policy issued by the Geico Indemnity Company (Geico).

In August 2006, because Shazier's vehicle became disabled due to transmission problems, she rented a Hyundai Sonata from Avis Rent–A–Car (Avis), designating her Geico insurance as the primary insurer. The rental agreement contained the following provision regarding other drivers: NO ADDITIONAL OPERATORS ARE AUTHORIZED OR PERMITTED WITHOUT AVIS' PRIOR WRITTEN APPROVAL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT OR APPLICABLE STATE LAW. Another paragraph of the agreement also addressed “unauthorized drivers”: Prohibited Use of the Car. Certain uses of the car and other things you or a driver may do, or fail to do, will violate this agreement. A VIOLATION OF THIS PARAGRAPH, WHICH INCLUDES USE OF THE CAR BY AN UNAUTHORIZED DRIVER, WILL AUTOMATICALLY TERMINATE YOUR RENTAL [AND] VOID ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED[.] One evening soon thereafter, Shazier permitted the rental vehicle to be used by Frederick Royal, who in turn allowed the rental vehicle to be operated by Tercina Jordan. Jordan negligently operated the vehicle, and the car crashed into a tree, resulting in serious injury to minor passengers in the vehicle and the death of another. The injured passengers and the decedent's representative subsequently filed personal injury actions against Shazier, Jordan, and Avis, and Avis filed a cross-claim for indemnity against Shazier.

George Bowie Gb Experience Cdl. Geico, Shazier's insurer, filed a declaratory judgment action seeking a determination that Geico had no duty under the policy to defend and indemnify Shazier or Jordan. One of the injured passengers and Geico filed competing motions for summary judgment. The passenger contended that coverage existed because the rental car constituted a “temporary substitute auto” under the Geico policy. Geico countered that because Avis had not given Jordan express permission to drive the rental car, the rental vehicle was not a “temporary substitute auto” as to the named insured, Shazier, under the terms of the Geico policy and thus Geico had no duty to defend or indemnify either Shazier or Jordan.