Legal Opinion

Gay v. Association Casualty Insurance Co.

District Court of Appeal of Florida

Decided December 28, 2012No. 5D10-1906Published

1Opinion of the Court

ON MOTION FOR REHEARING

JACOBUS, J.

We deny Association Casualty Insurance Company’s (“the Association”) timely motion for rehearing but withdraw our previous opinion and substitute the following. Frank Gay and Frank Gay Plumbing, Inc. timely appeal an order entering final summary judgment against them in favor of the Association. Summary judgment was entered after the trial court found there was no uninsured motorist coverage available to Mr. Gay under the terms and conditions of the policy he had with the Association. Because we find that material issues of fact remain, we reverse and remand…

2Cases cited3 opinions

  1. Johnson v. Life Ins. Co. of GeorgiaSupreme Court of Florida · 1951
  2. General Accident Insurance Company of America v. TaplisDistrict Court of Appeal of Florida · 1986
  3. Moskowitz v. State Farm Mutual Automobile Insurance Co.District Court of Appeal of Florida · 1994

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