BARBARA SAYE, APPELLANT,
v.
PATTERSON'S COLD STORAGE AND AETNA INSURANCE COMPANY, APPELLEES
BARBARA SAYE, APPELLANT,
PATTERSON'S COLD STORAGE AND AETNA INSURANCE COMPANY, APPELLEES
378 So. 2d 787
Florida District Court of Appeal, First District (1979)
Caution
Cited by 13 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
McCORD, Acting C. J., and SHAW and WENTWORTH, JJ., concur.
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Earnest v. Se. Fid. Ins. Co., 407 So. 2d 995 (Fla. 3d DCA 1981)
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Se. Fid. Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981)…SCHWARTZ, Judge. In accordance with our prior opinion in this case, Southeastern Fidelity Ins. Co. v. Earnest, 378 So. 2d 787 (Fla. 3d DCA 1979), the lower court conducted a non-juiy trial to determine whether Ms. Earnest could establish that the UM carrier, Southeastern, had not been prejudiced by her unauthorized settlement with and release of the under-insured tortfeaso…
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Gould v. Prudential Prop. & Cas. Ins. Co., 443 So. 2d 127 (Fla. 5th DCA 1983)…h DCA 1981), this court stated that a violation of the policy provisions of uninsured motorist coverage is not conclusive of the insurer’s responsibilities if there has been no prejudice to the insurer. See Southeastern Fidelity Ins. Co. v. Earnest, 378 So. 2d 787 (Fla. 3d DCA 1979). Where factual issues exist as to prejudice to the insurer, summary judgment is improper. Johnson v. Home Indemnity Co., 377 So. 2d 40 (Fla. 1st DCA 1979). See also Holinda v. Title and Trust Co., 438 So. 2d 56 (Fla. 5th DCA). [*1…
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