GULF INSURANCE COMPANY, APPELLANT,
v.
HARRY C. STOFMAN, JEANNE STOFMAN AND WORLD MARINE UNDERWRITERS, INC., APPELLEES

Fla. 4th DCA | 1995-12-06
No. 94-2720
DELL, KLEIN and STEVENSON, JJ., concur.
664 So. 2d 1083 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny appellees’ motion for rehearing, but we withdraw the opinion of the court filed October 11, 1995 and substitute the following opinion for purposes of clarification only.

We affirm the partial summary judgment holding the policy endorsements invalid. We reverse, however, the partial summary judgment as to liability; appellee’s motion did not provide the requisite notice that appellant’s affirmative defense regarding misrepresentation would be addressed. See Fla.R.Civ.P. 1.510(c) (1994). This reversal is without prejudice to either party to seek summary judgment on the issue of liability. Accordingly, we remand for further proceedings consistent with this opinion.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, KLEIN and STEVENSON, JJ., concur.


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