FRISBIE v. CAROLINA CAS. INS. CO.

No. 5D11-1883.

103 So.3d 1011 (2012)

Bill FRISBIE, Yankee Trailer Court, LLC, et al, Appellant, v. CAROLINA CASUALTY INSURANCE COMPANY, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

December 21, 2012.


Attorney(s) appearing for the Case

Phillips P. O'Shaughnessy , of Phillips P. O'Shaughnessy, P.A., Fort Lauderdale, for Appellants.

Beth Ann Berger Zerman , pro hac vice, of Lewis, Brisbois, Bisgaard & Smith, LLP, Chicago, IL and Candy L. Messersmith , of Rumberger, Kirk & Caldwell, Orlando, for Appellees.


PER CURIAM.

A client who sued his law firm for malpractice and then intervened in a declaratory judgment action between the firm and its insurer appeals from a final summary judgment allowing the insurer to rescind the insurance policy for material misrepresentations on the policy renewal application. The client argues that summary judgment was improper because: (i) genuine issues of fact existed on the elements of misrepresentation and materiality; (ii) genuine issues...

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