Empire Fire & Marine Insurance Co. v. Taylor

District Court of Appeal of Florida

Empire Fire & Marine Insurance Co. v. Taylor

608 So. 2d 854, 1992 Fla. App. LEXIS 10623, 1992 WL 279859

CourtDistrict Court of Appeal of Florida

DecidedOctober 13, 1992

DocketNo. 91-2888

StatusPublished

This text of 608 So. 2d 854 (Empire Fire & Marine Insurance Co. v. Taylor) 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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Empire Fire & Marine Insurance Co. v. Taylor, 608 So. 2d 854, 1992 Fla. App. LEXIS 10623, 1992 WL 279859 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Empire appeals from a final judgment and an Order on Coverage and a Partial Payment favorable to the insureds.

In the earlier appeal of this case, Taylor v. Empire Fire & Marine Ins. Co., 581 So.2d 1332 (Fla. 3d DCA1991), we held that the issue was identical to the issue presented in Rabatie v. U.S. Security Ins. Co., 581 So.2d 1327 (Fla. 3d DCA1990) (en banc), and reversed and remanded for further proceedings. The holding in Rabatie was that the automobile insurance policy provided automatic coverage for a newly acquired vehicle, subject to the condition subsequent that the insurer be notified within thirty days. Here the excess insurer was not notified of the newly acquired automobile until the forty-first day after acquisition.

Under the Rabatie holding, which relied on similar policy language, where the notice is not given within thirty days it is irrelevant that the accident occurred within the thirty-day period or that the insurer was not prejudiced by the lack of notice.

Reversed.

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PER CURIAM.

Empire appeals from a final judgment and an Order on Coverage and a Partial Payment favorable to the insureds.

In the earlier appeal of this case, Taylor v. Empire Fire & Marine Ins. Co., 581 So.2d 1332 (Fla. 3d DCA1991), we held that the issue was identical to the issue presented in Rabatie v. U.S. Security Ins. Co., 581 So.2d 1327 (Fla. 3d DCA1990) (en banc), and reversed and remanded for further proceedings. The holding in Rabatie was that the automobile insurance policy provided automatic coverage for a newly acquired vehicle, subject to the condition subsequent that the insurer be notified within thirty days. Here the excess insurer was not notified of the newly acquired automobile until the forty-first day after acquisition.

Under the Rabatie holding, which relied on similar policy language, where the notice is not given within thirty days it is irrelevant that the accident occurred within the thirty-day period or that the insurer was not prejudiced by the lack of notice.

Reversed.

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608 So. 2d 854, 1992 Fla. App. LEXIS 10623, 1992 WL 279859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-fire-marine-insurance-co-v-taylor-fladistctapp-1992.

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