FIDELITY & CASUALTY COMPANY OF NEW YORK, APPELLANT,
v.
PATRICIA SCOTT AND EXPEDITIONS UNLIMITED, INC., APPELLEES
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Fidelity & Casualty's worker's compensation policy was not reinstated when the insured stopped payment on a premium check deposited after cancellation notice, because a check is accepted conditionally upon presentment and the condition failed.
A premium check received by an insurer after sending cancellation notice is accepted conditionally upon presentment, and reinstatement is prevented when the insured stops payment on the check.
[1] A premium check received by an insurer after cancellation notice is accepted conditionally upon presentment, and the insured's subsequent stoppage of payment prevents rei…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the check is considered as accepted conditionally, the condition being its payment upon presentment, reinstatement of the policy was prevented when the insured stopped payment on the check.”
The court explained why deposit of the check did not reinstate the policy despite the insurer's acceptance of it.
Fidelity & Casualty issued a worker's compensation policy to Expeditions Unlimited. After sending notice of cancellation for nonpayment of premium, th…
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ROBERT P. SMITH, Jr., Judge.
The deputy commissioner, exercising jurisdiction as approved in Fireman's Fund Ins. Co. v. Rich, 220 So. 2d 369 (Fla.1969), and Int’l Piling, Inc. v. American Nat’l Fire Ins. Co., 345 So. 2d 761 (Fla. 4th DCA 1977), determined that the worker’s compensation insurance policy issued by appellant to appellee Expeditions Unlimited was in effect on the date of appellee Scott’s accident. That decision is necessarily predicated on the view that a premium check received by the insurer after sending notice of cancellation for nonpayment of premium was accepted when deposited by the insurer, thereby reinstating the policy. Because the check is considered as accepted conditionally, the condition being its payment upon presentment, reinstatement of the policy was prevented when the insured stopped payment on the check. See Pike v. Nat’l Fidelity Life Ins. Co., 377 So. 2d 973 (Fla. 3d DCA 1979); Annot., “Receipt of check for insurance premium as preventing forfeiture for nonpayment,” 50 A.L.R.2d 630 (1956). Evidence of prior dealings between insurer and insured in the case of late payments received and credited gave no basis for declaring renewed a lapsed policy for which the insured pointedly stopped payment.
REVERSED.
THOMPSON, J., and WOODIE A. LILES (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kent Ins. Co. v. Hobbs, 421 So. 2d 658 (Fla. 1st DCA 1982)…25(1), Fla.Stat.; Fireman’s Fund Insurance Company v. Rich, 220 So. 2d 369, 371 (Fla.1969); International Piling, Inc. v. American National Fire Insurance Company, 345 So. 2d 761 (Fla. 4th DCA 1977); Fidelity & Casualty Company of New York v. Scott, 390 So. 2d 820 (Fla. 1st DCA 1980). That authority would include construction of contracts. Total Appliance Repairs v. Nelson, 382 So. 2d 1333, 1334 (Fla. 1st DCA 1980). This case is distinguishable from U.S. Home Corp. v. Parker, 404 So. 2d 170 (Fla. 1st DCA 19…
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Nails v. State, 899 So. 2d 1287 (Fla. 1st DCA 2005)…but to focus solely on Condition (5), to which the trial court orally agreed. No evidence was offered relating to an alleged violation of Condition (10). Appellant need not be present for the correction of this scrivener’s error. See Jones v. State, 390 So. 2d 820 (Fla. 1st DCA 1980). We AFFIRM the convictions and sentences in Case No. 1D04-319 and the probation revocation order in Case No. 1D04-322 and REMAND with instructions to the trial court to strike the reference to Condition (10) in the written revo…
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Joycelyn Glover v. State, 146 So. 3d 57 (Fla. 1st DCA 2014)…probationary order, which incorrectly indicates that appellant entered a plea of guilty rather than that appellant was found guilty by jury verdict. Appellant does not need to be present for the correction of this clerical error. See Jones v. State, 390 So. 2d 820 (Fla. 1st DCA 1980). AFFIRMED but REMANDED to correct the written probationary order. LEWIS, C.J., WOLF and WETHERELL, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fireman's Fund Ins. Co. v. Rich, 220 So. 2d 369 (Fla. 1969)
- Pike v. Nat'l Fid. Life Ins. Co., 377 So. 2d 973 (Fla. 3d DCA 1979)
- Int'l Piling, Inc. v. Am. Nat'l Fire Ins. Co., 345 So. 2d 761 (Fla. 4th DCA 1977)