NORTHERN V. SEITLIN & CO.
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 NORTHERN INSURANCE COMPANY OF NEW YORK, a foreign corporation, ** Appellant, ** vs. ** SEITLIN & COMPANY, a Florida corporation, and CARLOS MANUEL CHOMAT and ELENA QUINTANA CHOMAT Appellees. CASE NO. 3D05-488 Consolidated: 3D05-501 ** ** LOWER TRIBUNAL NO. 02-16565 ** Opinion filed December 21, 2005. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Genden, Judge. Lane Reese Aulick Summers & Ennis, and William S. Reese; McKenna Long & Aldridge, and J. Randolph Evans (Washington, D.C.), and Stefan Passantino, for appellant. Bernstein, Chackman & Liss, and Julia Luyster, and Steven J. Chackman (Hollywood); Hunter Williams & Lynch, and Christopher J. Lynch, for appellees. Before GERSTEN, GREEN, and RAMIREZ, JJ. PER CURIAM. 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 Manuel Chomat raised policy ( Chomat ) affirmative provides claim. defenses and coverage In its asserted for the pleadings, a Carlos Northern counterclaim for rescission of the policy. Because there are genuine issues of material fact relating to the affirmative ultimately affect defenses the and coverage, the we counterclaim, determine that which the court erred in entering a final judgment on the coverage. may trial 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. 2
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