RICHARD GAZIE AND LINDA GAZIE, HIS WIFE, APPELLANTS,
v.
ILLINOIS EMPLOYERS INSURANCE OF WASSAU, APPELLEE
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The court held that a material issue of fact exists regarding whether the signatures on the uninsured motorist coverage rejection form were forgeries.
The insureds claimed the signatures on their uninsured motorist coverage rejection form were forgeries. The excess carrier obtained summary judgment, …
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PER CURIAM.
This case involves the perennial question of whether the insureds rejected uninsured motorist coverage. Upon application for insurance, the agent informed the insureds that their driving record necessitated coverage through the Joint Underwriting Association. Shortly thereafter the underlying policy was written by State Farm and the excess policy was written by Illinois Employers, the current appellee, who successfully obtained a summary judgment below.
We reverse.
The issue which we address is the insureds’ claim that the signatures on the written rejection form are forgeries. We have difficulty finding it credible that the alleged forgeries were perpetrated by officers or employees of the excess carrier. Nonetheless, the complaint, pled in several alternatives, does in one count allege that the. signatures are forgeries without naming the forgers.
As a consequence, viewing the complaint in the light most favorable to it, as indeed we must, there remains a material issue of fact as to which of the many involved insurance organizations, including the excess carrier, uttered the forgeries or indeed if they were forgeries at all. This material issue of fact remaining unresolved, we must reverse.
REVERSED AND REMANDED.
DOWNEY, LETTS and WALDEN, JJ., concur.
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Gazie v. Ill. Emp'rs Ins. OF Wausau, Inc., 583 So. 2d 1098 (Fla. 4th DCA 1991)…ction of uninsured motorist coverage. For that reason we affirm the judgment in favor of the insurer. In view of the foregoing, we affirm the judgment appealed from. STONE and POLEN, JJ., concur. . Gazie v. Illinois Employers Insurance of Wassau, 466 So. 2d 1132 (Fla. 4th DCA 1985). . Gazie v. Illinois Employers Insurance of Wassau, 534 So. 2d 1171 (Fla. 4th DCA 1988).…
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Gazie v. John Hancock Mut. Life Ins. Co., 632 So. 2d 1076 (Fla. 4th DCA 1994)…on theories of respondent superior and apparent authority. These issues differ from the insurance broker/agent issue addressed by this court in GAZIE III. Because these issues were not addressed in Gazie v. Illinois Employers Insurance of Wassail, 466 So. 2d 1132 (Fla. 4th DCA 1985) (GAZIE I), Gazie v. Illinois Employers Insurance of Wausau, 534 So. 2d 1171 (Fla. 4th DCA 1988), revieiv denied, 545 So. 2d 1367 (Fla.1989), (GAZIE II), & GAZIE III, we must reluctantly reverse and remand. We encourage the trial…