Opinion
No. 3D05-488.
December 21, 2005. Rehearing Denied February 3, 2006.
Appeal from the Circuit Court, Miami-Dade County, Michael A. Genden, J.
Lane Reese Aulick Summers Ennis, and William S. Reese, Miami; McKenna Long Aldridge, and J. Randolph Evans (Washington, D.C.), and Stefan Passantino (Atlanta, GA), for appellant.
Bernstein, Chackman Liss, and Julia Luyster, and Steven J. Chackman (Hollywood); Hunter Williams Lynch, and Christopher J. Lynch, for appellees.
Before GERSTEN, GREEN, and RAMIREZ, JJ.
Northern Insurance Company of New York ("Northern"), appeals the trial court's order of final summary judgment in favor of Seitlin Company ("Seitlin"). We reverse.
The trial court entered summary judgment finding Northern's umbrella insurance policy provides coverage for the Carlos Manuel Chomat ("Chomat") claim. In its pleadings, Northern raised affirmative defenses and asserted a counterclaim for rescission of the policy.
Because there are genuine issues of material fact relating to the affirmative defenses and the counterclaim, which may ultimately affect the coverage, we determine that the trial court erred in entering a final judgment on the coverage. See Griffin v. Am. Gen. Life Accident Ins. Co., 752 So.2d 621 (Fla. 2d DCA 2000). Accordingly, we reverse and remand for determination of all issues.
Reversed and remanded.