Nunley v. Florida Farm Bureau Mut. Ins. Co., BK-263
| Decision Date | 24 September 1986 |
| Docket Number | No. BK-263,BK-263 |
| Citation | 494 So.2d 306,11 Fla. L. Weekly 2040 |
| Parties | 11 Fla. L. Weekly 2040 Glen NUNLEY and Cassandra Nunley, Appellants, v. FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY and Rex Gerald Stanford, Appellees. |
| Court | Florida District Court of Appeals |
Cecil L. Davis, Jr., Tallahassee, for appellants.
John N. Boggs, Panama City, for appellees.
Appellants seek review of a final summary judgment entered against them and in favor of the appellee insurance company. We reverse because we find the trial court erred in holding that proof of mailing of a notice of cancellation three weeks before the loss constituted conclusive proof of cancellation under a policy clause permitting such action by "giving to the insured a ten-days written notice of cancellation."
Appellants, on or about December 8, 1983, paid a premium check of $243 and were issued a fire insurance policy on their home by appellee Florida Farm Bureau Mutual Insurance Company through its agent, Rex Gerald Stanford. The premium check cleared appellant's bank on December 19, 1983. On February 8, 1984, appellants' home was completely destroyed by fire. Appellants notified Florida Farm Bureau about the fire the following day. Florida Farm Bureau told appellants that day that their fire insurance coverage had been cancelled, effective January 25, 1984, and that a cancellation notice had been mailed to them on January 13, 1984. The notice of cancellation stated that appellants' risk did not meet company guidelines because their home was over 10 years old and valued at less than $50,000. Appellants stated that agent Stanford never advised them of the company guidelines or told them about the cancellation. They stated they never received the notice of cancellation and were not aware of a cancellation until they contacted Florida Farm Bureau after the fire.
Appellants filed suit against appellees, claiming the face amount of the fire insurance policy, along with interest, fees and costs. The trial court entered final summary judgment for appellees, finding that language in the insurance policy concerning notice of cancellation provided that mailing of the cancellation notice was sufficient proof of cancellation and that no fact issue existed as to such cancellation.
The cancellation clause in appellants' insurance policy provided:
This policy may be cancelled at any time by this company by giving to the insured a ten-days written notice of cancellation with or without tender of the excess of said premium above the pro rata premium for the expired time ...
The policy language did not by this or other language shift to the insured the risk of delivery by providing that mailing a written notice would constitute "giving ......
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