Castellon v. American Skyhawk Insurance

District Court of Appeal of Florida

Castellon v. American Skyhawk Insurance

785 So. 2d 552, 2001 Fla. App. LEXIS 2133, 2001 WL 193833

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2001

DocketNo. 3D00-1756

StatusPublished

Cited by1 cases

This text of 785 So. 2d 552 (Castellon v. American Skyhawk Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Castellon v. American Skyhawk Insurance, 785 So. 2d 552, 2001 Fla. App. LEXIS 2133, 2001 WL 193833 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Affirmed. See § 627.728(5), Fla. Stat. (1996) (“United States postal proof of mailing or certified or registered mailing of notice of cancellation ... of reasons for cancellation ... to the named insured at the address shown in the policy shall be sufficient proof of notice.”); Glenney v. Service Ins. Co., 660 So.2d 1132, 1133 (Fla. 4th DCA 1995) (allowing the carrier to establish compliance by postal proof of mailing, even though the insured claimed nonreceipt of the notice). We also reject appellant Joaquin A. Castellon’s argument that the insurer has to prove that the reason for cancellation, here that the State had suspended the insured’s driving privileges, is true. The carrier need not undertake further investigation, provided that the carrier has a good faith basis to believe that the reason for cancellation is in fact true.

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PER CURIAM.

Affirmed. See § 627.728(5), Fla. Stat. (1996) (“United States postal proof of mailing or certified or registered mailing of notice of cancellation ... of reasons for cancellation ... to the named insured at the address shown in the policy shall be sufficient proof of notice.”); Glenney v. Service Ins. Co., 660 So.2d 1132, 1133 (Fla. 4th DCA 1995) (allowing the carrier to establish compliance by postal proof of mailing, even though the insured claimed nonreceipt of the notice). We also reject appellant Joaquin A. Castellon’s argument that the insurer has to prove that the reason for cancellation, here that the State had suspended the insured’s driving privileges, is true. The carrier need not undertake further investigation, provided that the carrier has a good faith basis to believe that the reason for cancellation is in fact true.

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785 So. 2d 552, 2001 Fla. App. LEXIS 2133, 2001 WL 193833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castellon-v-american-skyhawk-insurance-fladistctapp-2001.

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