Peninsular Fire Ins. Co. v. King, R--178
| Decision Date | 23 August 1973 |
| Docket Number | No. R--178,R--178 |
| Citation | 282 So.2d 672 |
| Parties | PENINSULAR FIRE INSURANCE COMPANY, Appellant, v. Junior Paul KING, Appellee. |
| Court | Florida District Court of Appeals |
J. Ben Watkins, of Watkins & Hill, Tallahassee, for appellant.
Marion D. Lamb, W. D. Lines, Quincy, Rhodes & Stephens, Tallahassee, for appellee.
On May 14, 1971, appellee was employed by J. O. Smith, Jr., a land clearing contractor, and was injured when he came in contact with power lines operated by Florida Power Company. Appellee's employer had contracted with Florida Power to clear right of way between Quincy and Chattahoochee, Florida. Florida Power's contract with Smith required the latter to maintain workmen's compensation coverage for his employees to be used in the clearing operation and further required Smith to furnish Florida Power with a certificate of coverage from his insurer with a provision in such certificate that Florida Power would receive twenty-days notice of intent to cancel such coverage. Although appellant furnished the requisite certificate, no notice of cancellation was furnished to the power company. Prior to the accident, J. O. Smith had purchased workmen's compensation insurance from appellant, affording compensation coverage from July 30, 1970, to July 31, 1971.
On December 10, 1970, appellant mailed to the Department of Commerce a notice of cancellation stating that J. O. Smith's insurance would be cancelled January 8, 1970. Upon receiving the notice, the supervisor of records took it upon himself to correct what he deemed to be a typographical error and corrected January 8, 1970, to January 8, 1971. The Department of Commerce notified Smith that its records showed the policy cancelled and later a representative of the department, upon inquiry, was told by Smith's son that he did not want the insurance.
After the accident in May, appellant paid part of appellee's medical bills until they belatedly denied coverage August 24, 1971, on the basis that the policy had been cancelled.
The lower court found that the policy had not been cancelled in accordance with statutory and policy provisions and therefore the policy was in effect at the time of the accident. We agree.
Section 440.42(2), Florida Statutes, F.S.A., provides that at least thirty-days notice must be given before the effective date of cancellation. The policy in question contains the following provisions:
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...Torres, 565 So.2d 395 (Fla. 1st DCA 1990); Young v. Travelers Insur. Co., 496 So.2d 232 (Fla. 1st DCA 1986); Peninsular Fire Insur. Co. v. King, 282 So.2d 672 (Fla. 1st DCA 1973). Section 440.42(2), Florida Statutes (1987), provides: "No contract or policy of insurance issued by a carrier u......
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Allstate Ins. Co. v. Nabinger, TT-377
...of the statute, which has instead been invoked to continue coverage for employees of the former policyholder. Peninsular Fire Insurance v. King, 282 So.2d 672 (Fla. 1st DCA 1973). Failure of the statutory notice might, however, be pertinent to a determination of estoppel based on considerat......
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