NUNEZ v. CAPITAL ASSUR. CO., INC.

No. 88-988.

545 So.2d 297 (1989)

Ricardo NUNEZ, Appellant, v. CAPITAL ASSURANCE COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 14, 1989.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward Perse, Stephen H. Nelson, Miami, for appellant.

Haddad, Josephs & Jack and David K. Markarian, Coral Gables, for appellee.

Before SCHWARTZ, C.J., HUBBART, J., and ZEHMER, E. EARLE, Associate Judge.


PER CURIAM.

This is an appeal by the insured Ricardo Nunez from an adverse final summary judgment in a declaratory decree action wherein it was determined that the insured has no excess uninsured motorist coverage with the insurer Capital Assurance Co. We reverse the summary judgment under review upon a holding that genuine issues of material fact exist on this record as to whether the insured knowingly rejected the subject uninsured motorist coverage.

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