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BANTON v. STATE FARM MUT. AUTO. INS. CO.

No. 3D09-3354.

54 So.3d 1062 (2011)

Andre BANTON, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign profit corporation, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 2011.

Attorney(s) appearing for the Case

Lopez & Best and Virginia M. Best , for appellant.

Bernstein, Chackman, Liss & Rose and Neil Rose , Hollywood, for appellee.

Before GERSTEN, CORTIÑAS, and LAGOA, JJ.

CORTIÑAS, J.

Andre Banton ("Banton") appeals from a final summary judgment in favor of State Farm Automobile Insurance Company ("State Farm") on a claim for comprehensive loss benefits. We reverse.

Banton filed a complaint against State Farm for benefits under an insurance policy (the "Policy") for losses sustained when his automobile was stolen. State Farm had denied coverage asserting non-payment of premium prior to the loss, and sought summary judgment...

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