Summary
In American Reliance Ins. Co., the court upheld a jury's verdict that an insured's efforts to cancel its own insurance policy were ineffective when the insurer had not provided the mortgagee and loss payee with proper notice of cancellation. 683 So.2d at 575-76.
Summary of this case from Miller v. Scottsdale Ins. Co.Opinion
No. 95-3039.
November 6, 1996.
An Appeal from the Circuit Court for Dade County, Rosemary Usher Jones, Judge.
Gregg R. Schwartz and Brad E. Kelsky, Miami, for appellant.
Walter A. Anon, and Kenneth J. Duckworth, Hialeah; Neil Rose, Bay Village; Bernstein Chackman, Hollywood; Holland Knight and Daniel S. Pearson and Christopher N. Bellows, Miami; Gaebe, Murphy, Mullen Antonelli and David Kleinberg, Coral Gables, for appellees.
Before COPE, LEVY and SHEVIN, JJ.
American Reliance Insurance Company appeals a final judgment entered pursuant to a jury verdict. We affirm the judgment finding that, based on competent substantial evidence, the jury was entitled to determine that the Martinezes' unilateral actions were insufficient to effectuate a cancellation of the American Reliance policy, Dedmon v. State Farm Mut. Auto. Ins. Co., 408 So.2d 822 (Fla. 3d DCA 1982), and to determine further that American Reliance breached the insurance contract. Cf. Jones v. Utica Mut. Ins. Co., 463 So.2d 1153 (Fla. 1985) (jury can determine whether facts of case fall within scope of coverage). The record demonstrates that American Reliance did not provide Fleet Real Estate Funding Corporation, the mortgagee and loss payee, with statutory notice of cancellation or notice of cancellation as required by the policy. See Fidelity Deposit Co. of Maryland v. First State Ins. Co., 677 So.2d 266 (Fla. 1996). The final judgment must therefore be affirmed.
This disposition renders the cross-appeals moot.
Appellant's remaining points lack merit.
Affirmed.