KELLER INDUSTRIES, INC., FOREMOST INSURANCE COMPANY AND ALAN D. FULTON COMPANY, INC., APPELLANTS,
v.
BELLEFONTE INSURANCE COMPANY, APPELLEE
PER CURIAM.
The judgment under review is affirmed on the ground that the record supports the conclusion that the insured, Keller, through its agent, Fulton, became aware of the alleged deficiency in the coverage actually provided by Bellefonte Insurance Co. and thereafter nonetheless renewed the policy. This set of facts invokes the rule stated as follows in Burns v. Consolidated American Ins. Co., 359 So. 2d 1203, 1206 (Fla. 3d DCA 1978): Transfer & Storage, Inc., 139 So. 2d 476 (Fla. 2d DCA 1962). Failure of an insured to take appropriate action when he becomes aware that the coverage he thought he had was not obtained by the agent constitutes both a waiver of his right to performance under an alleged oral contract and an estoppel against his right to assert the claim under the alleged oral agreement. First National Insurance Agency, Inc. v. Leesburg Affirmed.
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TON Rand Corp. v. Crowder, 685 So. 2d 967 (Fla. 3d DCA 1996)…et the payment deadline which would have secured coverage. A fire then occurred on insured’s premises. Under these circumstances, we conclude insurer’s actions were not the cause of any harm done to insured. See Keller Indus. v. Bellefonte Ins. Co., 412 So. 2d 899 (Fla. 3d DCA 1982); Burns v. Consolidated American Ins. Co., 359 So. 2d 1203 (Fla. 3d DCA 1978). The order under review is therefore affirmed.…
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Am. & British, Inc. v. Brocato, 483 So. 2d 880 (Fla. 3d DCA 1986)…PER CURIAM. The defendant insurance agency, appellant herein, was entitled to a directed verdict in its favor under the authority of Keller Industries, Inc. v. Bellefonte Insurance Company, 412 So. 2d 899 (Fla. 3d DCA 1982), and Burns v. Consolidated American Insurance Company, 359 So. 2d 1203 (Fla. 3d DCA 1978). Accordingly, the judgment entered upon a jury verdict in favor of the plaintiffs is reversed and remanded with directions to enter judgment…
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Armando Alvarez and Maria v. Alvarez, 705 So. 2d 127 (Fla. 3d DCA 1998)…PER CURIAM. Affirmed. See Morgan Int’l Realty Inc. v. Dade Underwriters Ins. Agency Inc., 524 So. 2d 451 (Fla. 3d DCA 1988); D.R. Mead & Co. v. Cheshire, Inc., 489 So. 2d 830 (Fla. 3d DCA 1986); Keller Indus. v. Bellefonte Ins. Co., 412 So. 2d 899 (Fla. 3d DCA 1982); Burns v. Consolidated American Ins. Co., 359 So. 2d 1203 (Fla. 3d DCA 1978).…
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- Burns v. Consol. Am. Ins. Co., 359 So. 2d 1203 (Fla. 3d DCA 1978)
- First Nat'l Ins. Agency, Inc. v. Leesburg Transfer & Storage, Inc., 139 So. 2d 476 (Fla. 2d DCA 1962)