Harvell v. State Farm Mutual Automobile Insurance

District Court of Appeal of Florida

Harvell v. State Farm Mutual Automobile Insurance

432 So. 2d 675, 1983 Fla. App. LEXIS 19983

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1983

DocketNo. 82-869

StatusPublished

This text of 432 So. 2d 675 (Harvell v. State Farm Mutual Automobile 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.

Bluebook

Harvell v. State Farm Mutual Automobile Insurance, 432 So. 2d 675, 1983 Fla. App. LEXIS 19983 (Fla. Ct. App. 1983).

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Opinion

DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case arising out of an automobile collision. The summary judgment was premature because an issue regarding uninsured motorist’s coverage is in dispute. Appellant sufficiently raised the issue as to whether he was offered and knowingly rejected full coverage under the uninsured motorist clause of his contract with appellee. Nationwide Mutual Insurance Company v. Jones, 414 So.2d 1169 (Fla. 5th DCA 1982). Thus it was error to decide a disputed material issue of fact by summary judgment.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case arising out of an automobile collision. The summary judgment was premature because an issue regarding uninsured motorist’s coverage is in dispute. Appellant sufficiently raised the issue as to whether he was offered and knowingly rejected full coverage under the uninsured motorist clause of his contract with appellee. Nationwide Mutual Insurance Company v. Jones, 414 So.2d 1169 (Fla. 5th DCA 1982). Thus it was error to decide a disputed material issue of fact by summary judgment.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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432 So. 2d 675, 1983 Fla. App. LEXIS 19983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvell-v-state-farm-mutual-automobile-insurance-fladistctapp-1983.

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