6 Fla. L. Weekly Supp. 606b
Insurance — Error to enter summary judgment in favor of insurer where there was question of material fact as to whether insured was, under terms of policy, totally disabled during periods for which he made claim
CHARLES L. RUFFNER, Appellant, vs. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellee. 11th Judicial Circuit in and for Miami-Dade County, Appellate Division. Case No. 98-465AP. Lower Court Case No. 97-3084 SP 25. Opinion filed July 16, 1999. An Appeal from the County Court for Dade County, Florida. Marilyn Milian, Judge. Joseph Z. Fleming, for Appellant. Leonor M. Lagomasino, for Appellee.
(Before STANFORD BLAKE, VICTORIA PLATZER and WILLIAM JOHNSON, JJ.)
(Per Curiam.) This appeal ensues from the trial court’s granting summary judgment in favor of the Appellee. The underlying cause of action involves denial of the Appellant’s claim under an insurance policy written by the Appellee.
Summary judgment is proper when the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact in a lawsuit. Fla. R. Civ. 1.510. This Court finds that there is a question of material fact as to whether the Appellant was, under the terms of the policy, totally disabled during the periods for which he has made a claim. As such, summary judgment was improper and the trial court must be reversed.
REVERSED AND REMANDED.
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