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BROWN v. COLONIAL PENN INSURANCE CO.

No. 95-00220.

666 So.2d 226 (1995)

Joy BROWN, individually and as next friend and parent of Andre Brown, a Minor, Appellant, v. COLONIAL PENN INSURANCE COMPANY, a corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 1995.

Attorney(s) appearing for the Case

Richard L. Purtz of Goldberg, Goldstein & Buckley, P.A., Ft. Myers, for Appellant.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Ft. Myers, for Appellee.

PER CURIAM.

The plaintiff in a personal injury action appeals a final summary judgment for the defendant, Colonial Penn Insurance Company, finding no coverage for uninsured motorist (UM) benefits. We reverse because a material issue of fact remains unresolved regarding whether the driver was using the car with the owner's permission.

The plaintiff's motion for summary judgment was based on the assertion that, under the terms and conditions of the Colonial...

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