VICTOR VILLA, APPELLANT,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLEE
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Summary judgment for insurer was reversed because genuine issues of material fact existed regarding whether the insurance policy was renewed before expiration through an agent with apparent authority.
A summary judgment for an insurer is inappropriate when genuine issues of material fact exist regarding whether a policy was timely renewed through an agent clothed with apparent authority.
[1] An insurer cannot obtain summary judgment on a policy renewal dispute when evidence establishes a genuine issue of material fact regarding whether an agent clothed with a…
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Join FLexlaw to unlock all legal intelligenceVictor Villa sued Shirley Morse and her insurer, Nationwide Mutual Insurance Co., for personal injuries from an automobile accident. Villa contended t…
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PER CURIAM.
The plaintiff Victor Villa appeals a final summary judgment in a personal injury action in favor of the alleged tortfeasor’s insurer, Nationwide Mutual Insurance Co., which was joined along with the tortfeasor as a defendant in this action. The plaintiff contends that the insurance policy previously issued by Nationwide Mutual Insurance Co. to the alleged tortfeasor defendant was in effect at the time of the automobile accident sued upon in this action; in particular, the plaintiff argues that the Hialeah Insurance Agency clothed with apparent authority to represent Nationwide Mutual Insurance Co. received from the alleged tortfeasor Shirley Morse and mailed to Nationwide the necessary premium to renew the said policy prior to the expiration date of said policy. Without deciding whether the evidence establishes this contention as a matter of law, we do agree with the plaintiff that a genuine issue of material fact exists with reference to the above contention making the summary judgment herein inappropriate based upon the following authorities: Brown v. Giffen Industries, Inc., 281 So. 2d 897, 900 (Fla.1973); Milros-Sans Souci, Inc. v. Dade County, 296 So. 2d 545, 548 (Fla.3d DCA 1974); Nationwide Mutual Insurance Co. v. Mason, 218 So. 2d 185 (Fla. 4th DCA 1969); American Casualty Co. of Reading, Pennsylvania v. Castellanos, 203 So. 2d 26 (Fla. 3d DCA 1967). Accordingly, the final summary judgment appealed from is reversed and the cause remanded to the trial court for further proceedings.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yambo v. Gen. Am. Life Ins. Co., 400 So. 2d 770 (Fla. 3d DCA 1981)…of summary judgment. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); State Farm Mutual Insurance Co. v. Zisook, 393 So. 2d 1191 (Fla. 3d DCA 1981); Perez, II v. City of Miami, 358 So. 2d 1132 (Fla. 3d DCA 1978); Villa v. Nationwide Mutual Insurance Co., 354 So. 2d 122 (Fla.3d DCA 1978); Reflex, N. V. v. The UMET Trust, 336 So. 2d 473 (Fla. 3d DCA 1976). Reversed and remanded for further consistent proceedings.…
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State Farm Mut. Auto. Ins. Co. v. Zisook, 393 So. 2d 1191 (Fla. 3d DCA 1981)…insured motorist coverage, we find that there is not an absence of a genuine issue of material fact. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Perez, II v. City of Miami, 358 So. 2d 1132 (Fla. 3d DCA 1978); Villa v. Nationwide Mutual Insurance Co., 354 So. 2d 122 (Fla. 3d DCA 1978); Reflex, N. V. v. UMET Trust, 336 So. 2d 473 (Fla. 3d DCA 1976). Reversed and the cause remanded for trial.…
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Ambassador Ins. Co. v. Arnold Oper, M.D., 406 So. 2d 1218 (Fla. 3d DCA 1981)…the named insured under the policy. Yambo v. General American Life Insurance Company, 400 So. 2d 770 (Fla. 3d DCA 1981); State Farm Mutual Insurance Company v. Zisook, 393 So. 2d 1191 (Fla. 3d DCA 1981); Villa v. Nationwide Mutual Insurance Company, 354 So. 2d 122 (Fla. 3d DCA 1978); Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Therefore, for the reasons above stated, the matter is returned to the trial court to receive evidence on these issues. Reversed and remanded, with directions.…
Authorities Cited
- Brown v. Giffen Indus., Inc., 281 So. 2d 897 (Fla. 1973)
- Milros-Sans Souci, Inc. v. Dade Cnty., 296 So. 2d 545 (Fla. 3d DCA 1974)
- Am. Cas. Co. OF Reading v. Castellanos, 203 So. 2d 26 (Fla. 3d DCA 1967)
- Nationwide Mut. Ins. Co. v. Anne T. Mason, 218 So. 2d 185 (Fla. 4th DCA 1969)