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RUSTIA v. PRUDENTIAL PROPERTY & CAS. INS. CO.

No. 83-81.

440 So.2d 1316 (1983)

Stacy RUSTIA, Appellant, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, and Jose C. Rodriguez, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 9, 1983.

Attorney(s) appearing for the Case

S. Peter Capua, Miami and Paul W. Humbert, Miami Beach, for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Miami and Richard A. Sherman, Fort Lauderdale, for appellees.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

The trial court entered summary judgment for Prudential on a showing that the insured had breached the insurance contract by failing to cooperate with his insurer. That summary judgment was improper, even in light of Ramos v. Northwestern Mutual Insurance Co., 336 So.2d 71 (Fla. 1976), which holds that failure of an insured to cooperate with his insurer will release the insurer from liability if the failure...

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