Florida District Courts of Appeal, 1993

U.S. Security Insurance Co. v. Levites

U.S. Security Insurance Co. v. Levites
Florida District Courts of Appeal · Decided August 11, 1993 · Anstead, Arthur, Birken, Glickstein
625 So. 2d 1232; 1993 Fla. App. LEXIS 8379 (Southern Reporter, Second Series)

U.S. Security Insurance Co. v. Levites

070rehearing

OPINION ON REHEARING

PER CURIAM.

We grant the appellant’s motion for clarification to the extent that we acknowledge our reversal of August 11, 1993, extends to both the final summary judgment appealed in Case No. 92-2135, as well as the judgment for costs and attorney’s fees appealed in Case No. 92-2861. We deny the motion for rehearing and clarification filed by the appel-lees, Miles and Hazel Levites.

ANSTEAD and GLICKSTEIN, JJ., and BIRKEN, ARTHUR M., Associate Judge, concur.

Opinion of the Court

PER CURIAM.

We reverse the summary final judgment on the authority of Abrams v. General Insurance Co., Inc., 508 So.2d 436 (Fla. 3d DCA 1987). We agree with appellant that the trial court erred in summarily deciding that the appellee-insureds did not make a material misrepresentation in their application for insurance by failing to disclose that their teenage daughter would be driving one of the insured vehicles. Based upon the conflicting evidence in the record before us, we conclude *1233that there is a disputed issue of fact as to the alleged misrepresentation that cannot be properly resolved by summary judgment.

Accordingly, we reverse and remand for further proceedings in accord herewith.

ANSTEAD and GLICKSTEIN, JJ., and BIRKEN, ARTHUR M., Associate Judge, concur.

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