MARIO PEREZ, II, AND HILDA PEREZ, HIS WIFE, APPELLANTS,
v.
CITY OF MIAMI, ALLAN POMS, LESTER C. PANCOAST, BOUTERSE BORELLI ALBAISA ARCHITECTS PLANNERS, INC., DE ZARRAGA & DONNELL, INC., AND VOLKERT ASSOCIATES, INC., A JOINT VENTURE, THE STUYVESANT INSURANCE COMPANY, AMERICAN EMPLOYERS INSURANCE COMPANY, FIRST STATE INSURANCE COMPANY, HOUSTON GENERAL INSURANCE COMPANY, AND UNITED STATES FIDELITY AND GUARANTY COMPANY, APPELLEES
MARIO PEREZ, II, AND HILDA PEREZ, HIS WIFE, APPELLANTS,
CITY OF MIAMI, ALLAN POMS, LESTER C. PANCOAST, BOUTERSE BORELLI ALBAISA ARCHITECTS PLANNERS, INC., DE ZARRAGA & DONNELL, INC., AND VOLKERT ASSOCIATES, INC., A JOINT VENTURE, THE STUYVESANT INSURANCE COMPANY, AMERICAN EMPLOYERS INSURANCE COMPANY, FIRST STATE INSURANCE COMPANY, HOUSTON GENERAL INSURANCE COMPANY, AND UNITED STATES FIDELITY AND GUARANTY COMPANY, APPELLEES
358 So. 2d 1132
Florida District Court of Appeal, Third District (1978)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Plaintiffs have appealed from summary judgment entered in favor of the defendants. On consideration thereof in light of the record, briefs and argument, we have concluded there are presented genuine issues of material fact relating to the status and duties of defendants as bearing on the question of liability which properly may not be resolved by summary judgment.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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City OF Miami v. Perez, 509 So. 2d 343 (Fla. 3d DCA 1987)…ffs also sued USF & G and Houston, alleging that they provided liability coverage for the City.6 In December, 1976, summary judgment was granted for all defendants and plaintiffs appealed. This court reversed and remanded in Perez v. City of Miami, 358 So. 2d 1132 (Fla. 3d DCA 1978). The case was then tried in January, 1984, resulting in a hung jury as to defendants’ liability. A motion for mistrial wás granted. Following the 1984 trial, plaintiffs amended their complaint. Plaintiffs’ second amended complain…
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Bennett v. Berk, 400 So. 2d 484 (Fla. 3d DCA 1981)…ncel. The pleadings and depositions show that genuine issues of fact and law exist as to the claim against brokers, Kane and Beck, thus summary judgment was improperly granted. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Perez, II v. City of Miami, 358 So. 2d 1132 (Fla.3d DCA 1978). An insurance broker may be liable for damages where there is an agreement to procure insurance and a negligent failure to do so. Marlor v. Foley Carter Ins. Co., 388 So. 2d 22 (Fla.2d DCA 1980); Cat ’n Fiddle, Inc. v. Century Insu…
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Yambo v. Gen. Am. Life Ins. Co., 400 So. 2d 770 (Fla. 3d DCA 1981)…edings, there are genuine issues of law and material fact which preclude entry 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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