R. A. PILOTO, INC., A FLORIDA CORPORATION D/B/A CORRE CLEANERS & LAUNDRY, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE
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R. A. Piloto, Inc. appealed a trial court judgment denying coverage under a business fire insurance policy issued by Allstate. The policy had been cancelled for non-payment of premiums, and Piloto's business burned down two days after the cancellation took effect. The court affirmed the judgment, holding that the cancellation was effective and that partial premium payments after cancellation do not reinstate the policy.
The court affirmed the trial court's judgment, holding that the policy was effectively cancelled and not reinstated by the partial premium payment made after cancellation, and that the affidavit was properly authenticated and admissible in evidence.
[1] A partial premium payment made after a policy's cancellation but before a loss does not automatically reinstate the policy.
[2] An insurance policy can be reinstated only upon full payment of the balance of the premium due.
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Join FLexlaw to unlock all legal intelligence“The evidence clearly shows there was an effective cancellation of the policy, which was not reinstated by partial payment of premium after cancellation”
Establishes the court's holding that partial payments after cancellation do not reinstate an insurance policy
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Join FLexlaw to unlock all legal intelligenceAllstate issued a business package fire insurance policy to R. A. Piloto, Inc. in January 1976. The policy was cancelled effective April 21, 1976 due …
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PER CURIAM.
This is an appeal from a final judgment for the appellee, Allstate Insurance Company, entered by the trial court pursuant to a non-jury trial whereby the appellant, R. A. Piloto, Inc., sought to recover under a business package policy of insurance issued by the appellee.
On January 31,1976, the appellee issued a business package policy of insurance to the appellant covering, among other things, fire insurance. Monthly payments were to be made for a period of ten months to pay the premium for the twelve months’ insurance. The appellant had a history of being delinquent in its payments and the policy was cancelled effective April 21,1976 because of an unpaid premium. A short payment had been made prior to the cancellation and, while the short payment was credited to the appellant’s account, the insurance was not reinstated. The appellant was advised the policy would be reinstated only upon payment of the balance of the premium due. When full payment was received, the policy was reinstated. The appellant again became delinquent on the May and June payments. As a result, the appellee mailed a cancellation notice to the appellee on June 16, notifying it the policy would be can-celled July 19, 1976 for non-payment of premium and a final audit of the workmen’s compensation coverage was ordered.
On July 21, two days after the policy was can-celled, the appellant sent another short payment of premium to the appellee. The receipt given by the appellee for this payment provided that the remittance, in whole or in part, shall not operate to reinstate the policy.
On July 29, the appellant’s business burned down. The appellee refused to reinstate the appellant’s policy and denied coverage for the loss. As a result, the instant suit was brought, seeking damages under the policy. The coverage question was tried separately and determined adversely to the appellant, resulting in this appeal.
On appeal, the appellant contends the trial court erred in: (1) Permitting a Xerox copy of an affidavit of a deceased mail clerk into evidence, when the contents thereof had not been properly verified and the copy is certainly not the best evidence. (2) Holding the policy was properly cancelled, when the appellee is estopped from alleging cancellation by its acceptance of a partial premium payment subsequent to cancellation but prior to loss.
It would appear that both points raised by the appellant are without merit.
The evidence clearly shows there was an effective cancellation of the policy, which was not reinstated by partial payment of premium after cancellation, and that the affidavit to support proof of mailing the notice of cancellation was properly authenticated so as to permit it to be introduced into evidence in the exercise of the trial court’s discretion.
Therefore, the order appealed is affirmed on the authority of Aetna Casualty and Surety Company v. Simpson, 128 So. 2d 420 (Fla. 1st DCA 1961); Allstate Insurance Company v. Dougherty, 197 So. 2d 563 (Fla. 3d DCA 1967); Burgos v. Independent Fire Insurance Company, 371 So. 2d 539 (Fla. 3d DCA 1979); Pennsylvania National Mutual Casualty Insurance Company v. Burns, 375 So. 2d 302 (Fla. 2d DCA 1979).
Affirmed.
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Citator
Cited By
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Mich. Mut. Ins. Co. v. Kerrie Carpenter Ferrell and James H. Garbarino, Jr., 400 So. 2d 1251 (Fla. 4th DCA 1981)…review of the record we are unable to find substantial competent evidence to support the trial court’s finding that the appellee’s contract of insurance with the appellant had not been cancelled. See R. A. Piloto, Inc. v. Allstate Insurance Company, 397 So. 2d 1029 (Fla. 3d DCA 1981). Accordingly, the final judgment is reversed with directions that judgment be entered for appellant. ANSTEAD, HERSEY and HURLEY, JJ., concur.…
Authorities Cited
- Gaskill v. Montague, 128 So. 2d 420 (Fla. 3d DCA 1961)
- AETNA Cas. & Sur. Co. v. Simpson, 128 So. 2d 420 (Fla. 1st DCA 1961)
- Allstate Ins. Co. v. Dougherty, 197 So. 2d 563 (Fla. 3d DCA 1967)
- Burgos v. Indep. Fire Ins. Co., 371 So. 2d 539 (Fla. 3d DCA 1979)
- Pa. Nat'l Mut. Cas. Ins. Co. v. Elwyn Raymond Burns, 375 So. 2d 302 (Fla. 2d DCA 1979)