State Farm Mutual Automobile Insurance Co. v. Zisook
Florida District Courts of Appeal
State Farm Mutual Automobile Insurance Co. v. Zisook, 393 So. 2d 1191 (1981)
1981 Fla. App. LEXIS 19494
Ferguson, Hubbart, Schwartz
State Farm Mutual Automobile Insurance Co. v. Zisook
Opinion of the Court
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.
Reference
- Full Case Name
- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Irving ZISOOK and Jean Zisook
- Cited By
- 3 cases
- Status
- Published