JESSICA TOME, APPELLANT,
v.
STATE FARM FIRE AND CASUALTY COMPANY, A CORPORATION, APPELLEE
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Jessica Tome appeals the grant of summary judgment in favor of State Farm on Tome's claim that State Farm wrongfully denied coverage on her auto insurance policy. State Farm had non-renewed Tome's Durango policy because her husband's driver's license was suspended, even after she agreed to a driver exclusion agreement. The court affirmed, holding that State Farm provided proper notice, did not act arbitrarily or capriciously, and that Tome's promissory estoppel claim failed as a matter of law.
The court held that State Farm provided proper notice as a matter of law under Florida Statute section 627.728(5) via Certificate of Mailing, that State Farm did not act arbitrarily or capriciously because it had a legitimate, consistently applied internal policy against driver exclusions for spouses, and that Tome's promissory estoppel claim failed because the Driver Exclusion Agreement was not a definite promise and Tome could not have reasonably relied on it as coverage extending beyond the policy's stated expiration date.
[1] United States postal proof of mailing of notice of intention not to renew to the named insured at the address shown in the policy is sufficient proof of notice, and the i…
[2] An insurer's denial of automobile insurance coverage is not arbitrary or capricious when based on the insured's spouse's driving record and the insurer's internal policy…
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Join FLexlaw to unlock all legal intelligence“United States postal proof of mailing ... of notice of ... intention not to renew ... to the named insured at the address shown in the policy shall be sufficient proof of notice.”
Establishes the statutory standard for proper non-renewal notice under Florida law, making the insured's denial of receipt irrelevant once mailing is proven.
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Join FLexlaw to unlock all legal intelligenceTome insured her Dodge Durango with State Farm beginning in April 2007 on a shared policy with her husband's vehicle. In August 2007, State Farm disco…
The full statement of facts, procedural history, and disposition for this case are member content.
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Appellant, Jessica Tome (“Tome”), appeals the final summary judgment granted in favor of Appellee, State Farm Fire & Casualty Company (“State Farm”), arising *866from State Farm’s denial of automobile insurance coverage on the basis that Tome’s policy had been non-renewed. On appeal, Tome makes three arguments for reversal, all of which are meritless. We affirm.
The following facts are not in dispute. Tome insured her Dodge Durango with State Farm in April 2007, on the same policy that insured her husband’s Toyota Corolla. In August 2007, State Farm discovered that Tome’s husband’s driver’s license had been suspended and that he had been convicted of driving on a suspended or revoked license. State Farm sent Tome a Driver Exclusion Agreement to exclude her husband and the Corolla from the policy. In September, Tome received notice that her husband and the Corolla were to be non-renewed. At the end of 2007, Tome received another Driver Exclusion Agreement for the Durango, which she returned with the understanding that the Exclusion only applied to her husband. At about the same time, State Farm issued an insurance identification card for the Durango indicating that the policy had the effective date of January 1, 2008. There was no reference to the policy’s expiration date on the identification card, but the card indicated that it was only valid for one year after issuance. Other policy documentation indicated that the policy was in effect for a six-month term, running from November 1, 2007, to May 1, 2008.
On March 4, 2008, State Farm sent Tome a letter indicating that it was non-renewing the Durango policy as of May 1, 2008. State Farm cited the driving record of Tome’s husband. State Farm obtained a “Certificate of Mailing” addressed to Tome from the United States Postal Service indicating that the March 4th letter had been delivered to the post office, postage pre-paid. However, Tome contended that she never received notice of non-renewal.
On May 28, 2008, Tome’s Durango was stolen. Tome timely reported the theft to State Farm. State Farm denied coverage on the grounds that her policy had been non-renewed based on her husband’s driving record. According to State Farm’s internal policies, State Farm cannot “do driver exclusions on a spouse,” which precluded Tome from keeping her policy.
Tome filed suit alleging common law breach of contract, statutory breach of contract pursuant to section 627.728(4)(c), Florida Statutes, (2008), and promissory estoppel. State Farm responded by filing a motion for summary judgment which the trial court granted. This appeal followed.
“Summary Judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to judgment as a matter of law.” Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). Our review is de novo. Fla. Atl. Univ. Bd. of Trs. v. Lindsey, 50 So.3d 1205, 1206 (Fla. 4th DCA 2010).
Tome first argues that there are genuine issues of material fact as to whether State Farm provided proper notice that it had non-renewed her insurance policy. Section 627.728(5), Florida Statutes (2008), provides that “United States postal proof of mailing ... of notice of ... intention not to renew ... to the named insured at the address shown in the policy shall be sufficient proof of notice.” Once an insurer establishes that its notice of intention not to renew complied with subsection 627.728(5), “the insured’s evidence of nonreceipt is irrelevant.” Aries Ins. Co. v. Cayre, 785 So.2d 656, 658 (Fla. 3d DCA 2001). See Bankers Ins. Co. v. Pannunzio, 538 So.2d 61, 62 (Fla. 4th DCA 1989) (“[T]he official ‘United States Postal Service Certificate of Mailing’ introduced by *867appellant showing that the Notice of Intent was mailed to the insured at the address given by him prevails, as a matter of law, over the insured’s self-serving denial of receipt of this and other mailings.”) disapproved on other grounds, 624 So.2d 252 (Fla.1993). State Farm’s Certificate of Mailing was sufficient proof of notice as a matter of law. Tome’s only response was to deny receipt of the Notice of Intent. Failing any countervailing evidence that the Certificate of Mailing was defective, we are compelled to reject this argument. Aries Ins. Co., 785 So.2d at 658.
Next, we turn to Tome’s argument that summary judgment was improper because there were genuine issues of material fact regarding whether State Farm’s denial of coverage was arbitrary or capricious, contrary to section 627.728(4)(c), Florida Statutes. State Farm non-renewed the policy for the legitimate reason that it discovered that Tome’s husband’s driver’s license was suspended. See Lidsky v. State Farm Fire & Cas. Co., 604 So.2d 869, 871 (Fla. 3d DCA 1992) (“Where the insurer does not violate any statute or act arbitrarily or capriciously in refusing to renew an automobile insurance policy, there is no general duty to issue a new policy at the end of the policy period.”). State Farm presented un-rebutted evidence that it acted pursuant to its internal policy prohibiting driver exclusions on a spouse of an insured. Moreover, State Farm believed that it was legally bound to adhere to its policy and had acted consistently by non-renewing the Corolla policy. Based upon the foregoing, we hold that the trial court correctly concluded that State Farm did not act arbitrarily or capriciously in refusing to renew Tome’s policy.
Finally, Tome argues that the trial court erred in granting final summary judgment on the promissory estoppel claim. “ ‘The essential elements of estop-pel are (1) a representation as to a material fact that is contrary to a later-asserted position, (2) reliance on that representation, and (3) a change in position detrimental to the party claiming estoppel, caused by the representation and reliance thereon.’ ” Lloyds Underwriters at London v. Keystone Equip. Fin. Corp., 25 So.3d 89, 93 (Fla. 4th DCA 2009) (quoting Curci Village Condo. Ass’n v. Maria, 14 So.3d 1175, 1177 (Fla. 4th DCA 2009)). “[F]or the trial court to properly grant summary judgment on promissory estoppel, there must be an absence of disputed fact as to all three elements cited above.” FCCI Ins. Co. v. Cayce’s Excavation, Inc., 901 So.2d 248, 251 (Fla. 2d DCA 2005). In insurance law, this represents a “very narrow exception,” AIU Ins. Co. v. Block Marina Inv., Inc., 544 So.2d 998, 1000 n. 1 (Fla.1989), to the general rule that “equitable estoppel may be used to prevent a forfeiture of insurance coverage but not to create coverage where none exists.” Cummins v. Allstate Indem. Co., 732 So.2d 380, 382 (Fla. 4th DCA 1999).
Regarding the representation element, courts have required that the promise be definite, and when the promise is “ ‘entirely indefinite as to terms and time,”’ this is insufficient to support an estoppel claim. W.R. Grace & Co. v. Geodata Servs., Inc., 547 So.2d 919, 924 (Fla.1989) (quoting Hygema v. Markley, 137 Fla. 1, 187 So. 373, 380 (1939)). See also Prof'l Underwriters Ins. Co. v. Freytes & Sons Corp., 565 So.2d 900, 903 (Fla. 5th DCA 1990) (holding that when a representation was “that the insured had “what [coverage] it needed’ ... such a statement does not rise to the level of specificity required to be a ‘representation’ of liquor liability coverage”). Here, Tome’s only basis for the assertion that State Farm “represented” coverage was the Driver Exclusion Agreement. However, the *868Driver Exclusion Agreement, in and of itself, does not constitute a definite promise “as to terms and time” — the exclusion of certain coverages while the husband operated a vehicle was in no sense a promise that the policy would provide coverage that would extend beyond its expiration term. Therefore, Tome failed to present a genuine issue of material fact as to this element.
Tome also fails to raise a genuine issue of material fact regarding the reasonableness of her reliance on the Driver Exclusion Agreement. Tome could not have reasonably relied on the exclusion as a promise that the policy would extend beyond the policy’s stated expiration date, especially after State Farm sent non-renewal notices for the two policies. This is further supported by the preceding non-renewal of the Corolla policy. Thus, having failed to raise an issue of fact as to these elements, and without raising argument as to the third element — a detrimental change in position caused by representation and reliance thereon — Tome’s arguments for reversal fail. Accordingly, we affirm.
Affimed.
GROSS, J., and HANZMAN, MICHAEL, Associate Judge, concur.
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Bishop v. Progressive Express Ins. Co., 154 So. 3d 467 (Fla. 1st DCA 2015)…quotation marks omitted). This “coverage' by estoppel” claim requires a representation of material fact, reasonable reliance, and a detrimental change in position (i.e., prejudice) as a result of the reliance. See Tome v. State Farm Fire & Cas. Co., 125 So. 3d 864, 867 (Fla. 4th DCA 2013); Phoenix Ins. Co. v. McQueen, 286 So. 2d 570, 572 (Fla. 1st DCA 1973). Prejudice and whether the promisee’s reliance was reasonable are generally questions for the trier of fact. Cigarette Racing Team, Inc., 395 So. 2d at 12…
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Evanston Ins. Co. v. Proplogix, LLC (M.D. Fla. 2025)…(3) a change in position detrimental to the party claiming estoppel, caused by the representation and reliance thereon.” Gotham Ins. Co. v. W. Coast Fire Prot. Corp., 752 F. App'x 793, 798 (11th Cir. 2018) (citing Tome v. State Farm Fire & Cas. Co., 125 So. 3d 864, 867 (Fla. 4th DCA 2013)). “Promissory estoppel will apply only if the insured can show prejudice because ‘[i]t is the fact that the insured has been prejudiced which estops the insurer from denying the indemnity obligation of the insurance policy.’…
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De La Vega v. Hudson Ins. Co. (M.D. Fla. 2023)…61 (Fla. 1987)). “[T]his represents a ‘very narrow exception’ to the general rule that ‘equitable estoppel may be used to prevent a forfeiture of insurance coverage but not to create coverage where none exists.’” Tome v. State Farm Fire & Cas. Co., 125 So. 3d 864, 867 (Fla. 4th DCA 2013) (citations omitted). “For promissory estoppel to be applied, the evidence must be clear and convincing.” W.R. Grace & Co. v. Geodata Servs., Inc., 547 So. 2d 919, 925 (Fla. 1989); see also Horn v. Liberty Ins. Underwriter…
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 (15 total)
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- AIU Ins. Co. v. Block Marina Inv., Inc., 544 So. 2d 998 (Fla. 1989)
- W.R. Grace & Co. v. Geodata Servs., Inc., 547 So. 2d 919 (Fla. 1989)
- Fla. Atl. Univ. Bd. OF Trs. & Scott Rubin v. Lindsey, 50 So. 3d 1205 (Fla. 4th DCA 2010)
- Cindi Cummins v. Allstate Indem. Co., 732 So. 2d 380 (Fla. 4th DCA 1999)
- Bankers Ins. Co. v. Pannunzio, 538 So. 2d 61 (Fla. 4th DCA 1989)
- Curci Vill. Condo. Ass'n, Inc. v. Maria, 14 So. 3d 1175 (Fla. 4th DCA 2009)
- Prof'l Underwriters Ins. Co. v. Freytes & Sons Corp., Inc., 565 So. 2d 900 (Fla. 5th DCA 1990)
- Ins. Co. OF N. Am. v. Cooke, 624 So. 2d 252 (Fla. 1993)
- Lloyds Underwriters AT London v. Keystone Equip. Fin. Corp., 25 So. 3d 89 (Fla. 4th DCA 2009)