5 Fla. L. Weekly Supp. 50b
Insurance — Automobile — Coverage — Claim for rental car cost reimbursement — Summary judgment improper where plaintiff’s affidavit filed in opposition to motion raised disputed issues of material fact, and plaintiffs alleged certain paperwork provided to them by insurer and the policy itself suggested or could be interpreted to provide coverage for rental car cost reimbursement
OBDULIO RODRIGUEZ and HAYDEE RODRIGUEZ, Appellants, vs. AIU INSURANCE COMPANY, Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 96-322AP. L.T. Case No. 95-6988-CC25. Opinion filed August 15, 1997. An Appeal from the County Court for Dade County, Edward Newman, Judge. Counsel: Charles L. Vaccaro, for Appellants. Robert I. Buchsbaum, for Appellee.
(Before Juan Ramirez, Jr., Bernard S. Shapiro, and Barbara Levinson, JJ.)
(SHAPIRO, B.) As a result of an automobile accident occurring on April 28, 1995 the Appellants herein filed an insurance claim with Appellee for property damage and rental car cost reimbursement. The property damage claim was processed and paid but Appellee denied the claim for rental car cost reimbursement alleging no coverage for same under the policy.
Appellee’s Motion for Summary Judgment was granted with the Court below finding there to be no coverage for the rental car costs reimbursement. Appellants allege among other arguments that certain paperwork provided to them by Appellee and the policy itself suggest or can be interpreted to provide the coverage in question. Even without that issue, the affidavit of Obdulio Rodriguez filed in opposition to the Motion for Summary Judgment raises disputed issues of material fact and serves to defeat said Motion. Henderson v. CSX Transportation, Inc., 617 So. 2d 770 (Fla. App. 1 Dist. 1993).
REVERSED AND REMANDED. (RAMIREZ and LEVENSON, JJ., concur.)
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