HomeMy WebLinkAbout2329 44.f•~S4
y IN CIRCUIT COURT, NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CASE N0: 78-327 CA
THOMAS M. TILLMAN and
BETTY SNEAD TILLMAN, his wife,
Plaintiffs,
-vs- 1919 NAY 31 AN iI= 57
PATSY HICKMAN, HENRY NOBLES and
NATIONWIDE MUTUAL FIRE INSURANCE F1lED ANO RE
ST.LUCiE CO
COMPANY , ROGER P01 RAS
CLERK CIRCUIT CWi~~
Defendants. R[cct~ovE21i!EO__~=.11', ~
44264
FINAL SUI~iARY JUDGMENT
This cause coming on for hearing before the Court on the
Defendant, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY's, Motion
for Summary Judgment and the Court having considered the
pleadings and affidavit filed by the Defendant, NATIONWIDE
MUTUAL FIRE INSURANCE COMPANY, and the Court having heard
argument of counsel, and being fully advised in the premises,
finds that Defendant, HENRY NOBLES, breached the terms of the
policy of insurance issued by the Defendant, NATIONWIDE MUTUAL
FIRE INSURANCE COMPANY, by failing to cooperate and that said
i
failure to cooperate was material, and that the Defendant,
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, was substantially
prejudiced in this case by the failure to cooperate. Accord-
s
ingly, on the issue of insurance coverage, I find that there
~ was no coverage provided by the Defendant, NATIONWIDE MUTUAL
e
FIRE INSURANCE COMPANY, because of the total non-cooperation
of the insured, HENRY NOBLES. [See Ramos v. Northwestern Mutual
Insurance Company, 336 So. 2nd 71 (Fla., 1976)] It is there-
fore,
ORDERED A'~D ADJUDGED that the Defendant's Motion for
Summary Judgment is hereby granted, and the Defendant, NATION-
~ WIDE MUTUAL FIRE INSURANCE COMPANY, shall go hence without day.
5
DONE AND ORDERED in Chambers, Fort Pierce, St. Lucie
County, Florida, this ~ day of A.D., 1979.
~ t:
Copies Furnished to: ~ cut u ge
Vincent A. Lloyd, Esquire
Michael Jeffires, Esquire ~N(~~(~~ q
Patsy Hickman ;;;k~ e~,'ivt7 ~a~c 2~~,U
Henry Nobles ~