Cogen v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Cogen v. State Farm Mutual Automobile Insurance Co.

499 So. 2d 6, 11 Fla. L. Weekly 2467, 1986 Fla. App. LEXIS 10825

CourtDistrict Court of Appeal of Florida

DecidedNovember 25, 1986

DocketNo. 86-289

StatusPublished

This text of 499 So. 2d 6 (Cogen v. State Farm Mutual Automobile Insurance Co.) 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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Cogen v. State Farm Mutual Automobile Insurance Co., 499 So. 2d 6, 11 Fla. L. Weekly 2467, 1986 Fla. App. LEXIS 10825 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

Plaintiff appeals a summary final judgment entered in favor of defendant State Farm in an action seeking a declaratory judgment as to whether State Farm’s policy of insurance bound it to pay punitive damages if any should be assessed against its insured in the action brought by plaintiff against State Farm and its insured. The trial court entered summary final judgment finding that State Farm’s policy of insurance did not afford coverage for punitive damages.

Because the record on appeal discloses that there are issues of material fact which have not been eliminated by the movant for summary judgment so as to entitle it to summary judgment as a matter of law, we reverse and remand for further proceedings.

Reversed and remanded.

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PER CURIAM.

Plaintiff appeals a summary final judgment entered in favor of defendant State Farm in an action seeking a declaratory judgment as to whether State Farm’s policy of insurance bound it to pay punitive damages if any should be assessed against its insured in the action brought by plaintiff against State Farm and its insured. The trial court entered summary final judgment finding that State Farm’s policy of insurance did not afford coverage for punitive damages.

Because the record on appeal discloses that there are issues of material fact which have not been eliminated by the movant for summary judgment so as to entitle it to summary judgment as a matter of law, we reverse and remand for further proceedings.

Reversed and remanded.

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499 So. 2d 6, 11 Fla. L. Weekly 2467, 1986 Fla. App. LEXIS 10825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cogen-v-state-farm-mutual-automobile-insurance-co-fladistctapp-1986.