AMERICAN SECURITY INSURANCE COMPANY v. PERRY

No. 66-630.

198 So.2d 86 (1967)

AMERICAN SECURITY INSURANCE COMPANY, a Foreign Corporation, Appellant, v. Robert J. PERRY, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 15, 1967.


Attorney(s) appearing for the Case

Dean, Adams, George & Wood, Jeanne Heyward, Miami, for appellant.

Oscar C. Edrington, Miami, Montague Rosenberg, Miami Beach, for appellee.

Before HENDRY, C.J., and PEARSON and SWANN, JJ.


PER CURIAM.

The garnishee, American Security Insurance Company, appeals a summary final judgment for the plaintiff-garnishor, Robert J. Perry. The appellant has presented five points on appeal, all of which argue in essence that there was a genuine issue of material fact upon appellant's claimed defense that its policy was rendered unenforceable by its insured's lack of co-operation. The claimed issue was based upon the failure of one of the insured to appear at trial...

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