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Boyd v. Penn. National Mut. Cas. Ins. Co.

District Court of Appeal of Florida, Fourth District
Mar 10, 1967
195 So. 2d 259 (Fla. Dist. Ct. App. 1967)

Opinion

No. 243.

February 7, 1967. Rehearing Denied March 10, 1967.

Appeal from the Circuit Court, Orange County, Frank A. Smith, J.

Albert Yurko and David Kerben, Orlando, for appellants.

Leon H. Handley and O. Douglas Wolfe, Jr., of Gurney, Gurney Handley, Orlando, for appellee.


The circumstances in this case were of such a nature that a reasonably prudent person would know that an accidental death might have occurred. Appellant's failure to notify her insurer that the death had occurred, until some eight months later, was a breach of the contract of insurance that relieves the insurer of liability. State Farm Mutual Automobile Ins. Co. v. Ranson, Fla.App. 1960, 121 So.2d 175; Morton v. Indemnity Insurance Co. of North America, Fla.App. 1962, 137 So.2d 618; Employers Casualty Company v. Vargas, Fla.App. 1964, 159 So.2d 875; American Fire and Casualty Company v. Collura, Fla.App. 1964, 163 So.2d 784.

There being no other material questions raised by appellant, the judgment of the court below is affirmed.

WALDEN, C.J., ANDREWS, J., and WILLSON, J.H., Associate Judge, concur.


Summaries of

Boyd v. Penn. National Mut. Cas. Ins. Co.

District Court of Appeal of Florida, Fourth District
Mar 10, 1967
195 So. 2d 259 (Fla. Dist. Ct. App. 1967)
Case details for

Boyd v. Penn. National Mut. Cas. Ins. Co.

Case Details

Full title:MAYBELLE HOFFMAN BOYD, EXECUTRIX OF THE ESTATE OF VIRAJUNE EVANS KAUSEK…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 10, 1967

Citations

195 So. 2d 259 (Fla. Dist. Ct. App. 1967)

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