Adams v. Commercial Union Insurance

District Court of Appeal of Florida

Adams v. Commercial Union Insurance

470 So. 2d 92, 10 Fla. L. Weekly 1377, 1985 Fla. App. LEXIS 14376

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 1985

DocketNo. BA-437

StatusPublished

This text of 470 So. 2d 92 (Adams v. Commercial Union Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Adams v. Commercial Union Insurance, 470 So. 2d 92, 10 Fla. L. Weekly 1377, 1985 Fla. App. LEXIS 14376 (Fla. Ct. App. 1985).

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Opinion

MILLS, Judge.

Adams appeals from a final summary judgment entered in favor of Commercial Union. We reverse and remand for further proceedings.

The record reflects, and the parties concede, that a complete copy of the policy involved herein, including the uninsured motorists’ endorsement, was not before the trial court when summary judgment was granted. Because “[t]he policy was never before the court ... there can be no determination or review of coverage” thereunder. Allstate Insurance Co. v. Powell, 420 So.2d 113, 114 (Fla. 4th DCA 1982); accord Cottone v. Broward County School Board, 431 So.2d 355, 357 (Fla. 4th DCA 1983). Therefore, the factual issue of coverage still remains for resolution and summary judgment was improper.

Reversed and remanded.

SMITH and THOMPSON, JJ„ concur.

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MILLS, Judge.

Adams appeals from a final summary judgment entered in favor of Commercial Union. We reverse and remand for further proceedings.

The record reflects, and the parties concede, that a complete copy of the policy involved herein, including the uninsured motorists’ endorsement, was not before the trial court when summary judgment was granted. Because “[t]he policy was never before the court ... there can be no determination or review of coverage” thereunder. Allstate Insurance Co. v. Powell, 420 So.2d 113, 114 (Fla. 4th DCA 1982); accord Cottone v. Broward County School Board, 431 So.2d 355, 357 (Fla. 4th DCA 1983). Therefore, the factual issue of coverage still remains for resolution and summary judgment was improper.

Reversed and remanded.

SMITH and THOMPSON, JJ„ concur.

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470 So. 2d 92, 10 Fla. L. Weekly 1377, 1985 Fla. App. LEXIS 14376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-commercial-union-insurance-fladistctapp-1985.

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