State Farm Mutual Automobile Insurance Co. v. Zisook

District Court of Appeal of Florida

State Farm Mutual Automobile Insurance Co. v. Zisook

393 So. 2d 1191, 1981 Fla. App. LEXIS 19494

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1981

DocketNo. 80-306

StatusPublished

Cited by3 cases

This text of 393 So. 2d 1191 (State Farm Mutual Automobile Insurance Co. v. Zisook) 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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State Farm Mutual Automobile Insurance Co. v. Zisook, 393 So. 2d 1191, 1981 Fla. App. LEXIS 19494 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

The defendant below, State Farm Mutual Automobile Insurance Company, appeals from a summary judgment entered in favor of plaintiffs Irving and Jean Zisook. Because the affidavits and depositions presented by State Farm in opposition to the motion raise questions as to whether Zisook effectively rejected higher levels of uninsured motorist coverage, we find that there is not an absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Perez, II v. City of Miami, 358 So.2d 1132 (Fla. 3d DCA 1978); Villa v. Nationwide Mutual Insurance Co., 354 So.2d 122 (Fla. 3d DCA 1978); Reflex, N. V. v. UMET Trust, 336 So.2d 473 (Fla. 3d DCA 1976).

Reversed and the cause remanded for trial.

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PER CURIAM.

The defendant below, State Farm Mutual Automobile Insurance Company, appeals from a summary judgment entered in favor of plaintiffs Irving and Jean Zisook. Because the affidavits and depositions presented by State Farm in opposition to the motion raise questions as to whether Zisook effectively rejected higher levels of uninsured motorist coverage, we find that there is not an absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Perez, II v. City of Miami, 358 So.2d 1132 (Fla. 3d DCA 1978); Villa v. Nationwide Mutual Insurance Co., 354 So.2d 122 (Fla. 3d DCA 1978); Reflex, N. V. v. UMET Trust, 336 So.2d 473 (Fla. 3d DCA 1976).

Reversed and the cause remanded for trial.

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393 So. 2d 1191, 1981 Fla. App. LEXIS 19494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-zisook-fladistctapp-1981.

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