ESCOBAR v. UNITED AUTO. INS. CO.

No. 3D04-2233.

898 So.2d 952 (2005)

Victor ESCOBAR, Petitioner, v. UNITED AUTOMOBILE INSURANCE COMPANY, Respondent.

District Court of Appeal of Florida, Third District.

February 2, 2005.


Attorney(s) appearing for the Case

Stephens, Lynn, Klein, LaCava, Hoffman & Puya, P.A., and Marlene S. Reiss, Miami, for petitioner.

Mark A. Gatica, for respondent.

Before LEVY, GREEN, and RAMIREZ, JJ.


PER CURIAM.

By way of a petition for writ of certiorari, Victor Escobar seeks review from the appellate division of the circuit court's holding that the question of whether an ambiguity exists in an insurance contract is one for the jury to decide rather than the court. Based upon our conclusion that this holding is a departure from clearly established principles of law resulting in a miscarriage of justice, we grant the petition.

The facts of this case, as...

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