ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
DAVID POWELL, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, JOHN C. COCKERHAM AND BOLINDA F. COCKERHAM, HIS WIFE, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEES
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The court held that genuine issues of material fact existed, precluding summary judgment.
Allstate Insurance Company appealed a partial summary judgment finding it liable under a theft coverage provision for a stolen automobile claimed by D…
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PER CURIAM.
This is an appeal by Allstate Insurance Company from a partial summary judgment. It determined the issue of liability in favor of appellee, David Powell, and against Allstate. More exactly, it was decided that Allstate was liable under the theft coverage proviso of its insurance policy issued to Powell, on account of the theft of an automobile claimed to be owned by Powell.
A recital of the complicated fact pattern would not be necessary, helpful, or of general interest. Suffice it to say, there were genuine issues of material fact which precluded entry of summary judgment and which cause us to reverse. There were at least these issues:
A. The ownership and status of the car at the time in question.
B. Whether or not there was coverage under the policy. The policy was never before the Court. Without it there can be no determination or review of coverage.
A party moving for summary judgment must show unequivocally that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. 31 West’s F.S.A. Rules of Civil Procedure, Rule 1.510(c); Horton v. Gulf Power Co., 401 So. 2d 1384 (Fla. 1st DCA 1981); Correia v. Seaboard Coast Line R.R., 393 So. 2d 1161 (Fla. 1st DCA 1981); Wells v. Wilkerson, 391 So. 2d 266 (Fla. 4th DCA 1980).
We REVERSE and REMAND for further proceedings.
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
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Powell v. The City OF Delray Beach, 711 So. 2d 1307 (Fla. 4th DCA 1998)…authority to impose such a paving requirement on Appellants, we conclude that the trial court erred in granting summary judgment as the City failed to prove that it was entitled to such a judgment as a matter of law. See Allstate Ins. Co. v. Powell, 420 So. 2d 113, 114 (Fla. 4th DCA 1982)(finding that a party moving for summary judgment must show unequivocally that he is entitled to judgment as a matter of law). Accordingly, we reverse the trial court’s order granting summary judgment and remand for further p…
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Humes v. Norfolk & Dedham Mut. Fire Ins. Co., 430 So. 2d 526 (Fla. 4th DCA 1983)…rty placed the insurance policy before the trial court. Without the policy, the trial court cannot determine coverage upon a motion for summary judgment. Cottone v. Broward County School Board, 431 So. 2d 355 (Fla.1983); Allstate Ins. Co. v. Powell, 420 So. 2d 113 (Fla. 4th DCA 1982). Accordingly, we reverse the summary final judgment in favor of Norfolk and remand this cause for trial on all issues. REVERSED and REMANDED. GLICKSTEIN and WALDEN, JJ., concur.…
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Cottone v. Broward Cnty. Sch. Bd., 431 So. 2d 355 (Fla. 4th DCA 1983)…standards if they exist in writing; and this court has held in a case involving an insurance policy that the question of coverage could not be determined or reviewed when the document was never before the court. Allstate Insurance Company v. Powell, 420 So. 2d 113 (Fla. 4th DCA 1982). Under the circumstances, the entry of summary final judgment was premature and inappropriate. Appellee’s motion for rehearing is otherwise denied. ANSTEAD and WALDEN, JJ., concur. . At oral argument, we were concerned with ap…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Horton v. Gulf Power Co., 401 So. 2d 1384 (Fla. 1st DCA 1981)
- Fione G. Wells v. Wilkerson, 391 So. 2d 266 (Fla. 4th DCA 1980)
- Correia v. Seaboard Coast Line R.R. Co., 393 So. 2d 1161 (Fla. 1st DCA 1981)