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OSEPCHOOK v. GATEWAY INSURANCE COMPANY

No. 73-101.

298 So.2d 169 (1974)

A. John OSEPCHOOK, Appellant, v. GATEWAY INSURANCE COMPANY, a Foreign Corporation Authorized to Do Business in the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 20, 1974.

Attorney(s) appearing for the Case

James R. Caldwell, Jr., Pitts, Eubanks, Ross & Rumberger, Orlando, for appellant.

Leonard N. D'Aiuto, Edna L. Caruso, and Morgan S. Bragg, Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellee.

OWEN, Chief Judge.

The question we decide here is whether physical contact between the insured vehicle and the at-fault vehicle is a prerequisite to recovery under basic property damage coverage issued pursuant to F.S. Section 627.738(2)(b), F.S.A.1 The trial court answered this question in the affirmative, and on undisputed facts showing that no contact occurred, entered summary judgment favorable to the insurer, from which the insured...

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