604 So. 2d 535 | Fla. Dist. Ct. App. | 1992
This is an appeal by the defendant American Reliance Insurance Company from two non-final orders which grant summary judgment for the plaintiffs Virgil and Carolyn B. Riggins on the declaratory decree and breach of contract counts in a multi-count complaint. The action below arises out of a dispute between the insureds and their insurance carrier concerning insurance coverage for a certain fire loss. We hold that (1) the non-final orders under review are appealable to this court under Article V, Section 4(b)(1) of the Florida Constitution and Rule 9.130(a)(3)(C)(iv) of the Florida Rules of Appellate Procedure; and (2) genuine issues of material fact are presented by this record which precluded the entry of the subject summary judgments. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966).
We agree entirely with the defendant insurer that the plaintiff insureds were absolutely required under the contract of insurance herein (1) to provide the insurer upon its request with certain relevant records and documents, and (2) to submit upon request to an examination under oath
We accordingly reverse the summary judgments under review and remand the cause to the trial court for further proceedings. This reversal will necessarily require the trial court upon remand to vacate the order granting attorney’s fees for the plaintiff.
Reversed and remanded.