Auto Owners Insurance v. West

I respectfully dissent from that portion of the majority opinion which holds that this appeal should be affirmed upon authority of Phoenix Insurance Company v. McQueen, Fla.App.1970, 240 So.2d 79. The holding in Phoenix would, I think, require a reversal of this summary judgment. The issue of coverage should be tried because the failure of an insurance company to respond to an SR-21 form is not conclusive proof of coverage.