DAVIS v. INDUS. FIRE & CASUALTY INS. CO.

No. 82-1223.

431 So.2d 325 (1983)

Esters DAVIS and Eurie Davis, Individually, Appellants, v. INDUSTRIAL FIRE AND CASUALTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

May 17, 1983.


Attorney(s) appearing for the Case

Alexander & Alexander, Bruce Alexander, Miami, for appellants.

Goodhart, Rosner & Greene, Jeanne Heyward, Miami, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.


PER CURIAM.

Appellants seek reversal of a summary final judgment entered in favor of appellee in an action for declaratory decree alleging that appellee had refused to pay uninsured motorist benefits on the grounds that appellants had rejected UM coverage.

The record on appeal discloses that there are genuine issues of material fact which have not been eliminated by the appellee as movant for summary judgment. Accordingly, the judgment appealed is reversed...

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