18 Fla. L. Weekly Supp. 585a
Online Reference: FLWSUPP 1807LAMA
Insurance — Automobile — Coverage — Error to enter summary judgment for insurer where there exist factual issues as to whether insured timely sought to add new vehicle to policy and whether agent’s alleged acts and omissions can be imputed to insurer
NICO LAMARRE, Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY, A Florida Corporation, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 09-556 AP. L.C. Case No. 04-24306 CC 23 (04). April 13, 2011. An Appeal from a decision rendered by the Miami-Dade County Court, Eric Hendon, Judge. Counsel: Marlene S. Reiss, Law Offices of Marlene S. Reiss, P.A., for Appellant. Micheal J. Neimand, Office of the General Counsel, United Automobile Insurance Company, for Appellee.
(Before, GENDEN and COHEN LANDO, JJ.)
(PER CURIAM.) The record reflects that there were questions of fact existing in the record with regard to whether Appellant Lamarre timely sought to add his new vehicle to his existing insurance policy, through Appellee United Automobile Insurance Company’s agent, Eagle Insurance. In addition, whether Eagle Insurance Company’s alleged acts or omissions can be imputed to Appellee United Auto. Consequently, the summary judgment rendered by the trial court in favor of Appellee United Automobile Insurance Company must be reversed.
Furthermore, this Appellate Court awards appellate attorney’s fees and costs to Appellant Lamarre pursuant to § 627.428(1) of the Florida Statutes, and Fla. R. App. P. 9.400, if Appellee ultimately prevails on the action below.
Therefore, this matter is REVERSED and REMANDED to the trial court with the direction that it conduct the necessary proceedings to be consistent with this opinion.
