Legal Opinion

Allstate Insurance Company v. United Services Automobile Association a/k/a USAA, Melanie Manzo-Pianelli and Alana Proctor

District Court of Appeal of Florida

Decided September 16, 2015No. 4D14-1183Published

1Opinion of the CourtMay, J.

Allstate Insurance Company (“Allstate”) appeals a final summary judgment in favor of United Services Automobile Association (“USAA”) that determined the priority of coverage between the insurers. Allstate argues the trial court erred in entering summary judgment for USAA because its pleadings and motion requested a priority in coverage different than that argued at the hearing and determined by the trial court. We agree the trial court correctly determined the priority of coverage, but that did not entitle USAA to a summary judgment in its favor. We therefore reverse.

The underlying accident…

2Cases cited5 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Bryson v. Branch Banking and Trust Co.District Court of Appeal of Florida · 2011
  3. Granoff v. SeidleDistrict Court of Appeal of Florida · 2005
  4. VonDrasek v. City of St. PetersburgDistrict Court of Appeal of Florida · 2000
  5. Village of Kings Creek Condominium Ass'n v. GoldbergDistrict Court of Appeal of Florida · 1992

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