VERNON B. WOODCOCK, APPELLANT/CROSS-APPELLEE,
v.
MOTORS INSURANCE CORPORATION, APPELLEE/CROSS-APPELLANT
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Proof of mailing a cancellation notice is sufficient, and deposition travel expenses are legitimate costs.
An insurer sought to cancel a policy and established proof of mailing the notice. The insured claimed non-receipt. The insurer also sought costs for a…
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[*960] PER CURIAM.
Where insurer established by competent evidence that a notice of policy cancellation was mailed pursuant to Section 627.-728, Florida Statutes (1977),1 the insured’s evidence of nonreceipt of the notice was irrelevant. See Difalco v. Industrial Fire & Casualty Insurance Company, 400 So. 2d 1057 (Fla. 3d DCA 1981) and cases collected therein. The trial court correctly entered judgment for the insurer on the policy cancellation issue.
On the cross-appeal we reverse the order denying the insurer’s motion to tax costs. The insurer twice sought to have a New York commissioner appointed to depose a key witness who resided in that state. Woodcock objected and insisted that the insurer take to New York a Florida court reporter selected by Woodcock. The trial court granted Woodcock’s request on the condition that:
“[Motors] shall initially pay the court reporter’s travel expense and those expenses shall be taxed as costs at the conclusion of the case”..
As the expenses of the deposition including the court reporter’s travel expenses were, in this case, legitimate costs it was error to not assess them against Woodcock.
We affirm on the appeal, reverse on the cross-appeal and remand for further consistent proceedings.
. § 627.728(5), Fla.Stat. (1977):
Proof of mailing of notice of cancellation, of intention not to renew, or of reasons for cancellation to the named insured at the address shown in the policy shall be sufficient proof of notice.
Cases With Similar Vibessemantic neighbors from the corpus
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Boman v. State Farm Mut. Auto. Ins. Co., 505 So. 2d 445 (Fla. 1st DCA 1987)…ns that mailing of required notices of cancellation or nonrenewal “shall be sufficient proof of notice,” and cites Service Fire Insurance Co. of New York v. Markey, 83 So. 2d 855 (Fla.1955), and its progeny, e.g., Woodcock v. Motors Insurance Corp., 422 So. 2d 959 (Fla. 3d DCA 1982); Difalco v. Industrial Fire & Casualty Insurance Co., 400 So. 2d 1057 (Fla. 3d DCA 1981): Aetna Casualty & Surety Co. v. Simpson, 128 So. 2d 420 (Fla. 1st DCA 1961), for the proposition that “convincing evidence of mailing is not…
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Ins. Co. OF N. Am. v. Sunrise Catering and Carolyn Sprayberry, 447 So. 2d 431 (Fla. 1st DCA 1984)…by competent evidence that a notice of cancellation was mailed pursuant to a statute, actual receipt or non-receipt is irrelevant. Service Fire Insurance Co. of New York v. Markey, 83 So. 2d 855 (Fla.1955); Woodcock v. Motors Insurance Corporation, 422 So. 2d 959 (Fla. 3d DCA 1982). Sunrise argues that INA should be estopped from denying coverage, since the cancellation was based upon the failure to supply the federal employer identification [*433] number and Sunrise supplied the number to Coughlin as found…
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Rugon Corp. v. AETNA Cas. & Sur. Co. & U.S. Ins. Agency, Inc., 486 So. 2d 24 (Fla. 3d DCA 1986)…r all matters in regard to this insurance.1 Therefore, under the reasoning of the following authorities, we affirm. Insurance Company of North America v. Sunrise Catering, 447 So. 2d 431 (Fla. 1st DCA 1984); Woodcock v. Motors Insurance Corporation, 422 So. 2d 959 (Fla. 3d DCA 1982); Difalco v. Industrial Fire & Casualty Insurance Company, 400 So. 2d 1057 (Fla. 3d DCA 1981). Affirmed. . 5. That RUGON CORPORATION at all times from August 18, 1979, to the date of the death of Pablo Rodriguez on July 11, 1980,…
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
- Difalco v. Indus. Fire & Cas. Ins. Co., 400 So. 2d 1057 (Fla. 3d DCA 1981)