Fidelity & Casualty Co. of New York v. Scott

District Court of Appeal of Florida

Fidelity & Casualty Co. of New York v. Scott

390 So. 2d 820, 1980 Fla. App. LEXIS 18170

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1980

DocketNo. TT-224

StatusPublished

Cited by2 cases

This text of 390 So. 2d 820 (Fidelity & Casualty Co. of New York v. Scott) 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.

Bluebook

Fidelity & Casualty Co. of New York v. Scott, 390 So. 2d 820, 1980 Fla. App. LEXIS 18170 (Fla. Ct. App. 1980).

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Opinion

ROBERT P. SMITH, Jr., Judge.

The deputy commissioner, exercising jurisdiction as approved in Fireman's Fund Ins. Co. v. Rich, 220 So.2d 369 (Fla.1969), and Int’l Piling, Inc. v. American Nat’l Fire Ins. Co., 345 So.2d 761 (Fla. 4th DCA 1977), determined that the worker’s compensation insurance policy issued by appellant to appellee Expeditions Unlimited was in effect on the date of appellee Scott’s accident. That decision is necessarily predicated on the view that a premium check received by the insurer after sending notice of cancellation for nonpayment of premium was accepted when deposited by the insurer, thereby reinstating the policy. Because the check is considered as accepted conditionally, the condition being its payment upon presentment, reinstatement of the policy was prevented when the insured stopped payment on the check. See Pike v. Nat’l Fidelity Life Ins. Co., 377 So.2d 973 (Fla. 3d DCA 1979); Annot., “Receipt of check for insurance premium as preventing forfeiture for nonpayment,” 50 A.L.R.2d 630 (1956). Evidence of prior dealings between insurer and insured in the case of late payments received and credited gave no basis for declaring renewed a lapsed policy for which the insured pointedly stopped payment.

REVERSED.

THOMPSON, J., and WOODIE A. LILES (Retired), Associate Judge, concur.

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ROBERT P. SMITH, Jr., Judge.

The deputy commissioner, exercising jurisdiction as approved in Fireman's Fund Ins. Co. v. Rich, 220 So.2d 369 (Fla.1969), and Int’l Piling, Inc. v. American Nat’l Fire Ins. Co., 345 So.2d 761 (Fla. 4th DCA 1977), determined that the worker’s compensation insurance policy issued by appellant to appellee Expeditions Unlimited was in effect on the date of appellee Scott’s accident. That decision is necessarily predicated on the view that a premium check received by the insurer after sending notice of cancellation for nonpayment of premium was accepted when deposited by the insurer, thereby reinstating the policy. Because the check is considered as accepted conditionally, the condition being its payment upon presentment, reinstatement of the policy was prevented when the insured stopped payment on the check. See Pike v. Nat’l Fidelity Life Ins. Co., 377 So.2d 973 (Fla. 3d DCA 1979); Annot., “Receipt of check for insurance premium as preventing forfeiture for nonpayment,” 50 A.L.R.2d 630 (1956). Evidence of prior dealings between insurer and insured in the case of late payments received and credited gave no basis for declaring renewed a lapsed policy for which the insured pointedly stopped payment.

REVERSED.

THOMPSON, J., and WOODIE A. LILES (Retired), Associate Judge, concur.

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390 So. 2d 820, 1980 Fla. App. LEXIS 18170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-casualty-co-of-new-york-v-scott-fladistctapp-1980.

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