SHEILA DENMARK, APPELLANT,
v.
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, A CORPORATION, APPELLEE

Fla. 2d DCA | 1980-06-04
No. 79-1767
RYDER, Acting C. J., and DANAHY and CAMPBELL, JJ., concur.
384 So. 2d 912 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm, as we did in Johns v. Nationwide Mutual Insurance Company, 375 So. 2d 320 (Fla.2d DCA 1979), based on the reasoning in Williams v. Leatherby Insurance Company, 338 So. 2d 70 (Fla.3d DCA 1976), cert. denied, 345 So. 2d 429 (Fla.1977). We cannot, as appellant urges, subscribe to the view that in every instance in which a motor vehicle is inoperable, its owner need not maintain security as required by Section 627.733, Florida Statutes (1977). See Sherman v. Reserve Insurance Company, 350 So. 2d 349 (Fla. 4th DCA 1977); nor can we formulate, as both parties request, a hard and fast rule applicable to all situations involving the question of whether security is required. That question is essentially one of fact and for the trial court to resolve. Compare Tapscott v. State Farm Mutual Automobile Insurance Company, 330 So. 2d 475 (Fla. 1st DCA 1976), and Ward v. Florida Farm Bureau Casualty Insurance Company, 375 So. 2d 898 (Fla.1st DCA 1979).

AFFIRMED.

RYDER, Acting C. J., and DANAHY and CAMPBELL, JJ., concur.

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    …ing of Chapter 320 is, in most cases, a question of fact where there is conflicting evidence or inferences. Bedgood v. Hartford Accident and Indemnity Company, 384 So. 2d 1363 (Fla. 1st DCA 1980); Denmark v. Nationwide Mutual Fire Insurance Company, 384 So. 2d 912 (Fla. 2d DCA 1980). Appellate courts cannot devise any bright line rules to apply in all cases. They can, however, outline general factors [*922] to be weighed and considered by the trier of fact. We adopt Judge Ervin’s analysis of this issue in Be…
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