NORTHERN INSURANCE COMPANY OF NEW YORK v. SEITLIN COMPANY (2005)

District Court of Appeal of Florida,Third District.

NORTHERN INSURANCE COMPANY OF NEW YORK, a foreign corporation, Appellant, v. SEITLIN & COMPANY, a Florida corporation, and Carlos Manuel Chomat and Elena Quintana Chomat, Appellees.

No. 3D05-488.

Decided: December 21, 2005

Before GERSTEN, GREEN, and RAMIREZ, JJ.

Lane Reese Aulick Summers & Ennis, and William S. Reese, Miami; McKenna Long & Aldridge, and J. Randolph Evans (Washington, D.C.), and Stefan Passantino (Atlanta, GA), for appellant. Bernstein, Chackman & Liss, and Julia Luyster, and Steven J. Chackman (Hollywood); Hunter Williams & Lynch, and Christopher J. Lynch, for appellees.

Northern Insurance Company of New York (“Northern”), appeals the trial court's order of final summary judgment in favor of Seitlin & Company (“Seitlin”). We reverse.

The trial court entered summary judgment finding Northern's umbrella insurance policy provides coverage for the Carlos Manuel Chomat (“Chomat”) claim. In its pleadings, Northern raised affirmative defenses and asserted a counterclaim for rescission of the policy.

Because there are genuine issues of material fact relating to the affirmative defenses and the counterclaim, which may ultimately affect the coverage, we determine that the trial court erred in entering a final judgment on the coverage. See Griffin v. Am. Gen. Life & Accident Ins. Co., 752 So.2d 621 (Fla. 2d DCA 2000). Accordingly, we reverse and remand for determination of all issues.

Reversed and remanded.

PER CURIAM.

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