Legal Opinion

Adams v. Commercial Union Insurance

District Court of Appeal of Florida

Decided June 6, 1985No. BA-437Published

1Opinion of the Court

MILLS, Judge.

Adams appeals from a final summary judgment entered in favor of Commercial Union. We reverse and remand for further proceedings.

The record reflects, and the parties concede, that a complete copy of the policy involved herein, including the uninsured motorists’ endorsement, was not before the trial court when summary judgment was granted. Because “[t]he policy was never before the court ... there can be no determination or review of coverage” thereunder. Allstate Insurance Co. v. Powell, 420 So.2d 113, 114 (Fla. 4th DCA 1982); accord Cottone v. Broward County School Board, 431…

2Cases cited2 opinions

  1. Allstate Ins. Co. v. PowellDistrict Court of Appeal of Florida · 1982
  2. Cottone v. BROWARD COUNTY SCHOOL BD.District Court of Appeal of Florida · 1983

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