Florida District Courts of Appeal, 1985

Integon Indemnity Co. v. Tipton

Integon Indemnity Co. v. Tipton
Florida District Courts of Appeal · Decided July 12, 1985 · Frank, Grimes, Hall
472 So. 2d 842; 10 Fla. L. Weekly 1699; 1985 Fla. App. LEXIS 14981 (Southern Reporter, Second Series)

Integon Indemnity Co. v. Tipton

Opinion of the Court

PER CURIAM.

Ronald Tipton obtained a default judgment for personal injuries in a negligence action against John Knight and John Knight Trucking Company. Thereafter, Tipton sued Integon Indemnity Company alleging that it provided Knight with liability coverage for the accident. Tipton secured a summary judgment against Integ-on in the amount of its prior judgment plus interest.

On appeal, Integon contends there were disputes on several issues of material fact. Suffice it to say, the record is totally barren of any showing that the accident which caused Tipton’s injuries was within the coverage of Integon’s policy. Therefore, Tip-ton failed to carry the burden necessary to obtain a summary judgment. See Visingardi v. Tirone, 193 So.2d 601 (Fla. 1966).

Reversed.

GRIMES, A.C.J., and FRANK and HALL, JJ., concur.

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