ALBERT B. LUCKEY, JR., APPELLANT,
v.
WILLIS INSURANCE AGENCY, INC., APPELLEE
ALBERT B. LUCKEY, JR., APPELLANT,
WILLIS INSURANCE AGENCY, INC., APPELLEE
409 So. 2d 1218
Florida District Court of Appeal, Third District (1982)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The summary judgment in favor of the insurance broker is reversed. At a minimum, there appear to be triable issues with respect to the broker’s alleged failure to either procure or maintain adequate coverage on behalf of the plaintiff. Monogram Products, Inc. v. Berkowitz, 392 So. 2d 1353 (Fla.2d DCA 1981). The prior dealings between plaintiff and the broker alone precluded entry of summary judgment. Duncanson v. Service First, Inc., 157 So. 2d 696 (Fla.3d DCA 1963).
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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CSC Realty P'rs, Inc. v. Gallagher-Cole Assocs., Inc., 699 So. 2d 844 (Fla. 3d DCA 1997)…record raises slightest doubt that issue of material fact might exist, then summary judgment is improper), review denied sub nom., Olean Gen. Hosp., Inc. v. Fine Arts Museums Found., 641 So. 2d 1346 (Fla.1994); see also Luckey v. Willis Ins. Agency, 409 So. 2d 1218, 1218 (Fla. 3d DCA 1982) (summary judgment reversed where triable issues with respect to broker’s alleged failure to either procure or maintain adequate coverage remain); deMarlor v. Foley Carter Ins. Co., 386 So. 2d 22, 23 (Fla. 2d DCA 1980) (insur…
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Woodham v. Moore, 428 So. 2d 280 (Fla. 4th DCA 1983)…f noticing such situations. Under these circumstances we believe issues of fact existed with respect to the obligation of the agent to advise the appellants of their right to leave the assigned risk plan. Luckey v. Willis Ins. Agency, [*281] Inc., 409 So. 2d 1218 (Fla. 3d DCA 1982). We remand with some reluctance because we acknowledge that the pleadings do not precisely pinpoint this issue. Were we dealing only with the appellants’ allegations that the agent had a broad duty to procure “adequate” insurance,…
Authorities Cited
- Duncanson v. Serv. First, Inc., 157 So. 2d 696 (Fla. 3d DCA 1963)
- Monogram Prods., Inc. v. Berkowitz, 392 So. 2d 1353 (Fla. 2d DCA 1980)