Florida District Courts of Appeal, 1994

Smolinski v. Principal Mutual Life Insurance Co.

Smolinski v. Principal Mutual Life Insurance Co.
Florida District Courts of Appeal · Decided July 13, 1994 · Anstead, Glickstein, Stone
639 So. 2d 1066; 1994 Fla. App. LEXIS 6886; 1994 WL 330313 (Southern Reporter, Second Series)

Smolinski v. Principal Mutual Life Insurance Co.

Opinion of the Court

PER CURIAM.

Reversed. We agree with appellant that the trial court erred in entering summary judgment against him in his declaratory decree action seeking a determination of coverage under appellee’s insurance contract. On page 4 of the insurance booklet relied upon by the appellee, there is a provision stating that for those persons not actively at work “on the date coverage would be effective, your coverage will not be in force until the day you return to Active Work.” There is evidence in the record that appellant was injured and disabled, but that he subsequently returned to work. Hence, there remains an issue of fact as to whether appellant is entitled to coverage under appellee’s policy.

Because we are reversing the entry of summary judgment, we conclude that the trial court should reconsider appellant’s motion to amend.

Accordingly, we reverse and remand for further proceedings consistent herewith.

ANSTEAD, GLICKSTEIN and STONE, JJ., concur.

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