Faulkenberg v. State Farm Mutual Automobile Insurance Co.
Faulkenberg v. State Farm Mutual Automobile Insurance Co.
623 So. 2d 759; 1993 Fla. App. LEXIS 7931; 1993 WL 284668
(Southern Reporter, Second Series)
Faulkenberg v. State Farm Mutual Automobile Insurance Co.
Opinion of the Court
This appeal arises from a final summary judgment entered in favor of State Farm Mutual Automobile Insurance Company. Upon a review of the record, we find two genuine issues of material fact that remain unresolved and preclude the entry of summary judgment:
1. Whether State Farm improperly can-celled the Faulkenbergs’ insurance policy for nonpayment of premium; and
2. Whether State Farm is estopped from asserting that the Faulkenbergs’ policy had been cancelled prior to the loss.
See Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Boman v. State Farm Mut. Auto. Ins. Co., 505 So.2d 445 (Fla. 1st DCA), review denied, 509 So.2d 1119 (Fla. 1987); Peninsular Life Ins. Co. v. Wade, 425 So.2d 1181 (Fla. 2d DCA 1983). Accordingly, we reverse the summary judgment and remand the cause for further proceedings.
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.