THE TRAVELERS INDEMNITY COMPANY, APPELLANT,
v.
ROSE DANA AND SHARON DANA, APPELLEES
THE TRAVELERS INDEMNITY COMPANY, APPELLANT,
ROSE DANA AND SHARON DANA, APPELLEES
434 So. 2d 48
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Where, as here, the insured was injured after the past-due premium had been paid to the insurer, and there was evidence to support the trial court’s finding that the insurer retained the past-due premium and was thus estopped to deny coverage, the judgment for the insured will be affirmed. See Mixson v. Allstate Insurance Company, 388 So. 2d 608 (Fla. 3d DCA 1980). Cf. Travelers Indemnity Company of Rhode Island v. Mirlenbrink, 345 So. 2d 417 (Fla. 3d DCA 1977) (no estoppel where accident for which coverage is sought occurs before payment of past-due premium).
Affirmed.
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Nat'l Found. Life Ins. Co. v. Wellington, 526 So. 2d 766 (Fla. 3d DCA 1988)…s nonpayment of the required insurance premiums; accordingly, the trial court properly entered judgment for the plaintiffs. See Equitable Life Assurance Soc’y v. Mittelhauser, 130 Fla. 794, 178 So. 559, 562 (1937); cf. Travelers Indent. Co. v. Dana, 434 So. 2d 48 (Fla. 3d DCA 1983); Crawford v. DiMicco, 216 So. 2d 769, 774 (Fla. 4th DCA 1968). See generally 31 Fla.Jur.2d Insurance § 654 (1981). Second, we have not overlooked the jury’s further finding that the defendant properly cancelled the policy. This…
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WJA Realty Ltd. P'ship v. Emp. Benefit Claims, Inc., 488 So. 2d 121 (Fla. 3d DCA 1986)…the June 1984, premium estopped Hartford from denying excess coverage for a claim paid in July 1984. Estoppel and waiver are inapplicable for two reasons: first, Hartford returned the June premium payment to WJA, cf. Travelers Indemnity Co. v. Dana, 434 So. 2d 48 (Fla. 3d DCA 1983) (insurance company estopped from denying coverage where injury occurred after past-due premium paid and insurer retained past-due premium); Mixon v. Allstate Insurance Co., 388 So. 2d 608 (Fla. 3d DCA 1980) (unconditional acceptan…
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Nu-Air Mfg. Co. v. Frank B. Hall & Co. OF NEW York, 822 F.2d 987 (11th Cir. 1987)…court’s conclusion was erroneous for the additional reason that FCIA accepted the delinquent premiums. An insurer cannot retain past-due premiums and at the same time claim that a forfeiture of the policy has occurred. Travelers Indem. Co. v. Dana, 434 So. 2d 48 (Fla.Dist.Ct.App.1983); Mixson v. All [*994] state Ins. Co., 388 So. 2d 608, 609 (Fla.Dist.Ct.App.1980), review denied, 397 So. 2d 777 (1981); Meeks v. State Farm Mut. Auto. Ins. Co., 460 F. 2d 776, 778 n. 3 (5th Cir.1972). FCIA suggests that it st…
Authorities Cited
- The Travelers Indem. Co. OF R.I. v. Mirlenbrink, 345 So. 2d 417 (Fla. 2d DCA 1977)
- Mixson v. Allstate Ins. Co., 388 So. 2d 608 (Fla. 3d DCA 1980)