Schnagel v. State Farm Mut. Auto. Ins. Co., 843 So. 2d 1037 (Fla. 4th DCA 2003). · Go Syfert
Search
Schnagel v. State Farm Mut. Auto. Ins. Co., 843 So. 2d 1037 (Fla. 4th DCA 2003). Cases Citing This Book View Copy Cite
“here, as here, an insured cooperates to some degree, the issue of whether there has been a material breach of the insurance contract is one for a jury - not the trial judge.”
8 citation events (8 in the last 25 years) across 3 distinct courts.
Strongest positive: El Dorado Towers Condominium Ass'n v. QBE Insurance (flsd, 2010-06-16)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (verbatim quote) El Dorado Towers Condominium Ass'n v. QBE Insurance
S.D. Fla. · 2010 · quote attribution · 1 verbatim quote · confidence high
wjhere, as here, an insured cooperates to some degree, the issue of whether there has been a material breach of the insurance contract is one for a jury-not the trial judge
discussed Cited as authority (quoted) Coconut Key Homeowners Ass'n v. Lexington Insurance
S.D. Fla. · 2009 · quote attribution · 1 verbatim quote · confidence low
here, as here, an insured cooperates to some degree, the issue of whether there has been a material breach of the insurance contract is one for a jury - not the trial judge.
discussed Cited as authority (rule) DAVID HIMMEL v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2018 · confidence medium
Co., 843 So. 2d 1037, 1038 (Fla. 4th DCA 2003).
cited Cited as authority (rule) Solano v. State Farm Florida Insurance Co.
Fla. Dist. Ct. App. · 2014 · confidence medium
Co., 843 So.2d 1037, 1038 (Fla. 4th DCA 2003).
cited Cited as authority (rule) Jyurovat v. Universal Property & Casualty Insurance
Fla. Dist. Ct. App. · 2012 · confidence medium
Co., 843 So.2d 1037, 1038 (Fla. 4th DCA 2003); El-Ad Enclave at Miramar Condo.
Lynda SCHNAGEL, Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.
4D02-2961.
District Court of Appeal of Florida, Fourth District.
May 7, 2003.
843 So. 2d 1037
Stevenson.
Cited by 6 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #40,162 of 633,719
Citer courts: District Court of Appeal of Fl… (1) · S.D. Florida (1)

[*1038] John G. Crabtree and Thomas M. Pflaum of John G. Crabtree, P.A., Key Biscayne, and John W. Conness of John W. Conness, P.A., Fort Lauderdale, for appellant.

Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.

STEVENSON, J.

The instant appeal stems from the trial court's entry of final summary judgment in favor of the defendant insurer, State Farm Mutual Automobile Insurance Company, and against its insured, Lynda Schnagel. We reverse.

Schnagel's 1996 Lexus was insured by State Farm and, in April 2000, Schnagel reported the car stolen. State Farm believed that Schnagel was somehow involved in the theft and, pursuant to the policy's cooperation clause, demanded that Schnagel provide it with a variety of documents, including financial records. Schnagel provided some, but not all of the requested documents. Since Schnagel acknowledged that she had not provided all of the requested documents, the trial judge concluded that she had breached the policy's cooperation clause and, consequently, entered judgment in favor of State Farm. This was error. Where, as here, an insured cooperates to some degree, the issue of whether there has been a material breach of the insurance contract is one for a jury—not the trial judge. See Haiman v. Fed. Ins. Co., 798 So.2d 811, 812 (Fla. 4th DCA 2001). Accordingly, we reverse the final judgment in favor of State Farm and remand for further proceedings.

REVERSED and REMANDED.

STONE and WARNER, JJ., concur.