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de Torres v. Chevron Travel Club

District Court of Appeal of Florida, Third District
Jul 30, 1984
452 So. 2d 967 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2420.

June 12, 1984. Rehearing Denied July 30, 1984.

Appeal from the Circuit Court, Dade County, Stuart Simons, J.

Gregg J. Ormond, Coral Gables, for appellant.

Stephens, Lynn, Chernay, Klein Zuckerman and Robert M. Klein, Miami, for appellees.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.


The final judgment under review is affirmed upon a holding that: (1) the decedent's Chevron credit card and Chevron travel club membership were, without dispute, terminated for failure to pay overdue credit card charges prior to the decedent's accidental death; (2) the decedent's Chevron credit card, but not his Chevron travel club membership, was thereafter reinstated upon payment of the overdue credit card charges prior to the decedent's accidental death; (3) the group accidental loss of life insurance policy provided to Chevron travel club members was, therefore, not in effect as to the decedent at the time of the decedent's death; and (4) there was no reasonable notice requirement implied by law as a pre-condition to terminating the decedent's Chevron travel club membership inasmuch as the contract between the parties contained provisions indicating the intent of the parties as to the termination of Chevron travel club membership, to wit: (a) Chevron travel club membership was made dependent on the member being a Chevron credit card customer in good standing, (b) the Chevron credit card, without dispute, could be canceled at any time without notice, and (c) upon cancellation of the Chevron credit card, it is plain that the parties intended that Chevron travel club membership would terminate. See Sound City, Inc. v. Kessler, 316 So.2d 315, 318 (Fla. 1st DCA 1975).

Affirmed.


Summaries of

de Torres v. Chevron Travel Club

District Court of Appeal of Florida, Third District
Jul 30, 1984
452 So. 2d 967 (Fla. Dist. Ct. App. 1984)
Case details for

de Torres v. Chevron Travel Club

Case Details

Full title:MARIA ROSA de TORRES, APPELLANT, v. CHEVRON TRAVEL CLUB, INC., A…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 30, 1984

Citations

452 So. 2d 967 (Fla. Dist. Ct. App. 1984)