FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, APPELLANT,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEE
PER CURIAM-.
Appellant appeals a final summary judgment entered in favor of appellee. Our examination of the record reveals the existence of issues of material facts which could not be properly resolved by summary judgment. (Please see Connell v. Sledge, Fla.App. 1st 1975, 306 So. 2d 194; Forrest v. Carter, Fla.App. 1st 1975, 308 So. 2d 141; Delany v. Breeding’s Homestead Drug Co., Sup.Ct.Fla.1957, 93 So. 2d 116; Holl v. Talcott, Sup.Ct.Fla.1966, 191 So. 2d 40 and Westinghouse Elec. Sup. Co. v. Midway Shop. Mall, Inc., Fla.App. 3rd 1973, 277 So. 2d 809). The summary final judgment here appealed is therefore
REVERSED.
BOYER, C. J., and McCORD and MILLS, JJ., concur.
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Maxwell v. United States Fid. & Guar. Co., 399 So. 2d 1051 (Fla. 1st DCA 1981)…t be considered bound by such rejection. Kohly v. Royal Indemnity Co., 190 So. 2d 819 (Fla. 3d DCA 1966), cert. den., 200 So. 2d 813 (Fla.1967); Continental Ins. Co. v. Roth, 388 So. 2d 617 (Fla. 3d DCA 1980); Morpurgo v. Greyhound Rent-A-Car, Inc., 339 So. 2d 718 (Fla. 1st DCA 1976); Mattingly v. Liberty Mut. Ins. Co., 363 So. 2d 147 (Fla. 4th DCA 1978). In Mattingly, the Fourth District Court of Appeal specifically stated that the lessee of an automobile was afforded UM coverage in such amounts selected by…
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MacKENZIE v. AVIS Rent-A-Car Sys., Inc., 369 So. 2d 647 (Fla. 3d DCA 1979)…supra, which hold only that its rejection of UM coverage for itself and its lessees was validly effected and which are therefore entirely irrelevant to the question before us. But its primary reliance is upon Morpurgo v. Greyhound Rent-A-Car, Inc., 339 So. 2d 718 (Fla.1st DCA 1976), in which the court rejected a claim, like the one asserted here, that a car rental company was contractually obliged to provide UM insurance. In Morpurgo, however, the plaintiff relied only upon an alleged implied obligation to t…
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The Cont'l Ins. Co. v. Roth, 388 So. 2d 617 (Fla. 3d DCA 1980)…ninsured vehicle coverage. Kohly v. Royal Indemnity Co., 190 So. 2d 819 (Fla. 3d DCA 1966), cert. denied 200 So. 2d 813 (Fla.1967). Accord, Guardado v. Greyhound Rent-A-Car, Inc., 340 So. 2d 510 (Fla. 3d DCA 1976); Morpurgo v. Greyhound Rent-A-Car, 339 So. 2d 718 (Fla. 1st DCA 1976).1 The only instance which we have uncovered in which the question of a named insured’s authority to reject U/M coverage for another named insured was in the case of Weatherford v. Northwestern Mutual Insurance Co., 239 Cal.App.2…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Grady Scott Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975)
- Delany v. Breeding's Homestead Drug Co., 93 So. 2d 116 (Fla. 1957)
- Forrest v. Carter, 308 So. 2d 141 (Fla. 1st DCA 1975)
- Westinghouse Elec. Supply Co. v. Midway Shopping Mall, Inc., 277 So. 2d 809 (Fla. 3d DCA 1973)