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Scrima v. State Automobile Ins. Ass'n

District Court of Appeal of Florida, Third District
Sep 7, 1971
251 So. 2d 883 (Fla. Dist. Ct. App. 1971)

Opinion

No. 71-160.

September 7, 1971.

Appeal from the Circuit Court, Dade County, David Popper, J.

Paul E. Gifford and Norman Somberg, Miami, for appellant.

Wicker, Smith, Pyszka, Blomqvist Davant, Miami, and Carole A. Gardiner, for appellees.

Before CHARLES CARROLL, HENDRY and BARKDULL, JJ.


This is an appeal from orders of the circuit court that dismissed appellant's amended complaint against the defendant, State Automobile Insurance Association, with prejudice, and dismissed his complaint as to his claim against Furlong Insurance Agency and Carolyn I. Furlong, without prejudice to filing a claim before the Industrial Commission.

We find error in the trial court's holding that the Industrial Commission has exclusive jurisdiction to determine the issues raised by plaintiff's amended complaint against Furlong Insurance Agency and Carolyn Furlong.

We also find that it was error to dismiss the complaint as to State Automobile Insurance Association with prejudice.

This cause is reversed and remanded with directions to grant plaintiff the right to amend his complaint to state a cause of action, if he can, for reformation of the insurance contract and for further proceedings in the cause of action stated against the defendants Furlong Insurance Agency and Carolyn I. Furlong.

Reversed and remanded with directions.


Summaries of

Scrima v. State Automobile Ins. Ass'n

District Court of Appeal of Florida, Third District
Sep 7, 1971
251 So. 2d 883 (Fla. Dist. Ct. App. 1971)
Case details for

Scrima v. State Automobile Ins. Ass'n

Case Details

Full title:JOSEPH SCRIMA, D/B/A RELIABLE TRASH HAULING, APPELLANT, v. STATE…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 7, 1971

Citations

251 So. 2d 883 (Fla. Dist. Ct. App. 1971)