State Farm Mut. Auto. Ins. v. Zisook

Full title: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT, v. IRVING…

Court: District Court of Appeal of Florida, Third District

Date published: Feb 17, 1981

393 So. 2d 1191 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-306.

February 17, 1981.

An Appeal from Circuit Court, Dade County; Arden M. Siegendorf, Judge.

Talburt, Kubicki Bradley and Betsy E. Hartley, Miami, for appellant.

Horton, Perse Ginsberg and Edward A. Perse, Murray P. Yanks, Miami, for appellees.

Before HUBBART, C.J., and SCHWARTZ and FERGUSON, JJ.

PER CURIAM.

The defendant below, State Farm Mutual Automobile Insurance Company, appeals from a summary judgment entered in favor of plaintiffs Irving and Jean Zisook. Because the affidavits and depositions presented by State Farm in opposition to the motion raise questions as to whether Zisook effectively rejected higher levels of uninsured 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.