Alexander v. Allstate Ins. Co., 79-38
Decision Date | 10 September 1980 |
Docket Number | No. 79-38,79-38 |
Parties | Jack ALEXANDER, Appellant, v. ALLSTATE INSURANCE COMPANY, a Foreign Corporation, Appellee. |
Court | Florida District Court of Appeals |
John R. Overchuck of Maher, Overchuck & Langa, Orlando, for appellant.
Reinald Werrenrath, III of Akerman, Senterfitt & Eidson, Orlando, for appellee.
This is an appeal from an order denying a directed verdict and from the resultant final judgment in an uninsured motorists coverage case wherein declaratory relief was sought. We reverse.
The question on appeal is whether there was sufficient evidence of non-compliance with the insurance policy requirements. We find the evidence insufficient to support the carrier's allegation.
Jack Alexander was the victim of an accident in Kentucky where a car forced his car off the road. His car was damaged and he was injured. The next day, within twenty-four hours of the accident, Allstate was notified of the accident. The police were not notified. The insurance policy required: Appellee, Allstate, urges the failure of the insured to report the accident to the police breached the policy requirement of reporting "to the proper authorities." Appellant says the policy is ambiguous because it does not define or explain what "proper authorities" means. While we quite agree the policy would be clearer if it said what it obviously meant-police-we do not need to decide the question of whether the policy is ambiguous. A lot of litigation would be unnecessary if insurance policy drafters would try to write without using ambiguous phrasing. Why not say the word police when that is what is meant? Or if the drafter likes to use many words where one would suffice, he could say "notify that governmental authority charged with the investigation of motor vehicle collisions" or some such bloated phraseology. In any event, it is our determination that the failure to notify the police was not required of this insured because there was inadequate proof he had ever received the insurance policy which set out that requirement and even if there was proof of delivery, there was no prejudice to Allstate because of the failure to notify.
Jack Alexander testified he never received the policy before the accident and the first time he saw the policy was after the accident when he went to Sears to get a copy of one. To rebut the testimony of Alexander, Allstate provided testimony from William Lipford, a claims representative for Allstate. He is not a sales agent for Allstate but he said he was familiar with the procedure of Allstate and how the agents sent out policies. He said the Alexander policy was a new edition of the standard auto policy and after extensive objection and voir dire by...
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