Clifton v. United Casualty Insurance Co. of America

VILLANTI, Judge.

Herman Clifton appeals the final summary judgment entered in favor of his homeowner’s insurance company, United Casualty Insurance Co., in this breach of contract action arising out of damage that Clifton’s home suffered during Hurricane Charley. Because there were disputed issues of material fact as to whether Clifton was forced to file suit to resolve his dispute with United Casualty, United Casualty was not entitled to summary judgment in its favor. Accordingly, we reverse and remand for further proceedings.

Clifton’s residence was damaged by Hurricane Charley on August 13,…