Northern Insurance Co. of New York v. Seitlin & Co.

District Court of Appeal of Florida

Northern Insurance Co. of New York v. Seitlin & Co.

919 So. 2d 534, 2005 Fla. App. LEXIS 20080, 2005 WL 3481339

District Court of Appeal of Florida·Decided December 21, 2005·No. No. 3D05-488·Published·Cited by 1 cases

Opinion

PER CURIAM.

Northern Insurance Company of New York (“Northern”), appeals the trial court’s order of final summary judgment in favor of Seitlin & Company (“Seitlin”). We reverse.

The trial court entered summary judgment finding Northern’s umbrella insurance policy provides coverage for the Carlos Manuel Chomat (“Chomat”) claim. In its pleadings, Northern raised affirmative defenses and asserted a counterclaim for rescission of the policy.

Because there are genuine issues of material fact relating to the affirmative defenses and the counterclaim, which may ultimately affect the coverage, we determine that the trial court erred in entering a final judgment on the coverage. See Griffin v. Am. Gen. Life & Accident Ins. Co., 752 So.2d 621 (Fla. 2d DCA 2000). [535]*535Accordingly, we reverse and remand for determination of all issues.

Reversed and remanded.

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PER CURIAM.

Northern Insurance Company of New York (“Northern”), appeals the trial court’s order of final summary judgment in favor of Seitlin & Company (“Seitlin”). We reverse.

The trial court entered summary judgment finding Northern’s umbrella insurance policy provides coverage for the Carlos Manuel Chomat (“Chomat”) claim. In its pleadings, Northern raised affirmative defenses and asserted a counterclaim for rescission of the policy.

Because there are genuine issues of material fact relating to the affirmative defenses and the counterclaim, which may ultimately affect the coverage, we determine that the trial court erred in entering a final judgment on the coverage. See Griffin v. Am. Gen. Life & Accident Ins. Co., 752 So.2d 621 (Fla. 2d DCA 2000). [535]*535Accordingly, we reverse and remand for determination of all issues.

Reversed and remanded.

Northern Insurance Co. of New York v. Seitlin & Co., 919 So. 2d 534, 2005 Fla. App. LEXIS 20080, 2005 WL 3481339 (Fla. Ct. App. 2005).

Pincite

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Opinion

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