ST. PAUL FIRE AND MARINE INSURANCE COMPANY, APPELLANT,
v.
ERIK VALDIVIA, APPELLEE
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St. Paul Fire and Marine Insurance Company appealed a summary judgment finding its liability policy remained in effect when the insured injured plaintiff, despite St. Paul's failure to provide statutory nonrenewal notice. The court reversed, holding that the insured's timely procurement of replacement coverage excused St. Paul's noncompliance with the notice requirement under Florida law.
The court held that the insurer's noncompliance with statutory notice requirements is excused when the insured obtains replacement coverage before the original policy expires. The statute does not require the replacement coverage to be equivalent or identical to the original policy; it only requires that the insured obtain replacement coverage to protect against uninsured risk.
[1] An insurer's failure to provide statutory notice of nonrenewal is excused if the insured obtains replacement coverage with another carrier.
[2] Statutory notice of nonrenewal requirements are satisfied when an insured obtains replacement coverage, even if that coverage is not identical to the prior policy.
Previewing 2 of 4 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“The purpose of section 627.4133(l)(a) is to "enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection."”
Establishes the statutory purpose underlying the nonrenewal notice requirement
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSt. Paul issued a liability insurance policy to Knight Bike Shop covering products and completed operations. St. Paul failed to provide the required 4…
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RAMIREZ, J.
This is an appeal from a final summary judgment which determines that a policy of insurance issued by the appellant, St. Paul Fire and Marine Insurance Company, was in effect when appellee, Erik Valdivia, sustained his injuries. Although St. Paul failed to send the required statutory notice of nonrenewal pursuant to section 627.4133(l)(a), Florida Statutes (1995), the company’s compliance was excused because the insured obtained replacement coverage with another carrier. Thus, we reverse the summary judgment entered in favor of Valdivia.
Valdivia was injured in a motor cross bicycle accident that occurred less than twenty-four hours after the St. Paul policy at issue in this case expired. He nevertheless sued St. Paul, alleging that the insurance policy was still in effect at the time of the crash because St. Paul had failed to comply with section 627.4133(l)(a), which section requires an insurer to give the named insured at least forty-five days’ advance written notice of nonrenewal. St. Paul had insured Knight Bike Shop against liability arising out of the sale or assembly of bicycles. Valdivia filed this action against St. Paul pursuant to an assignment from Knight Bike Shop after he had unsuccessfully sued the bike shop for the allegedly negligent assembly of Valdi-via’s bike.1
The purpose of section 627.4133(l)(a) is to “enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection.” United States Fire Ins. v. Southern Sec. Life Ins. Co., 710 So. 2d 130, 131 (Fla. 5th DCA 1998). It is undisputed that St. Paul did not provide Knight Bike Shop the required forty-five days statutory notice of the nonrenewal of its policy. However, prior to the expiration of the St. Paul policy, the bike shop obtained coverage with Sphere Drake Insurance Company. The insured shop was thus protected by a replacement policy. Section 627.4133(l)(e) provides that, if an insurer fails to provide the required notice, the coverage remains in effect until forty-five days after the notice is given “or until the effective date of replacement coverage obtained by the named insured, whichever occurs first.” (emphasis added). Here, St. Paul’s coverage expired prior to Valdivia’s accident because new coverage was obtained.
Valdivia argues that the replacement coverage obtained with Sphere Drake was not equivalent to the St. Paul coverage and thus could not serve to excuse the non-compliance with the statutory notice requirements. The St. Paul policy had insured for products/completed operations while the new policy excluded such coverage. We do not agree that the “replacement coverage” referred to in the statute requires that the insured obtain the exact same coverage as the non-renewed policy. Both the language and purpose of the statute were fulfilled when the bike shop decided to obtain the new insurance at a cheaper premium. See Blue Cross of Fla. Inc. v. Dysart, 340 So. 2d 970 (Fla. 2d DCA 1976)(holding unsound plaintiffs argument that if the policy which plaintiffs employer obtained as replacement coverage did not provide him with as much coverage as the previous policy, then the previous insurer would somehow be liable for uncovered expenses). Reversed and remanded for further proceedings consistent with this opinion.
. The bike shop’s new insurance carrier, Sphere Drake Insurance Company, denied coverage for Valdivia's accident and prevailed in a declaratory judgment action based on the issue. In connection with Valdivia’s suit against Knight Bike Shop, the parties entered into a consent judgment assessing damages in the amount of $250,000.00, and the bike shop also assigned to Valdivia its rights against St. Paul. Thus, the present lawsuit.
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State Farm Mut. Auto. Ins. Co. v. Dottie L. Shaw, 967 So. 2d 1011 (Fla. 1st DCA 2007)…required new offering of UM coverages. The statute uses broad terms, including “replacement,” so that numerous changes to the policy may be effected without requiring a new election for UM coverage. Cf. St. Paul Fire and Marine Ins. Co. v. Valdivia, 771 So. 2d 1229 (Fla. 3d DCA 2000) (holding that a replacement policy is not required to have exactly the same coverages as the predecessor policy). As in Bell v. Progressive Specialty Ins. Co., 744 So. 2d 1165 (Fla. 1st DCA 1999), because the policy Sean purchase…
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Valdivia v. ST. Paul Fire & Marine INS. Co., 847 So. 2d 514 (Fla. 3d DCA 2003)…crease. Knight’s owner, Mr. Broadly, was angry about the rate increase and policy change. He contacted the LSC Insurance Agency and purchased replacement coverage with Sphere Drake Insurance Company. See St. Paul Fire & Marine Ins. Co. v. Valdivia, 771 So. 2d 1229 (Fla. 3d DCA 2000). On October 15, 1996, the local representative for St. Paul contacted Mr. Broadly to find out his intentions regarding the St. Paul policy. Mr. Broadly indicated that he did not accept the proposed renewal by St. Paul, and had ob…
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Brown & Brown, Inc. v. The Est. OF Ralph Nolan Edenfield, 36 So. 3d 889 (Fla. 1st DCA 2010)…ous intent of the statute is to give the insured adequate time to obtain coverage from another insurer before it is subjected to risk without protection as a result of the nonrenewal of its insurance. See St. Paul Fire & Marine Ins. Co. v. Valdivia, 771 So. 2d 1229, 1230 (Fla. 3d DCA 2000) (explaining that the purpose of the nearly-identical section 627.4133(l)(a) is to “enable an insured to obtain coverage elsewhere before the insured is subjected to risk without protection”) (quoting United States Fire Ins.…
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
- Blue Cross OF Fla., Inc. v. Dysart, 340 So. 2d 970 (Fla. 2d DCA 1976)
- United States Fire Ins. Co. v. S. Sec. Life Ins. Co., 710 So. 2d 130 (Fla. 5th DCA 1998)