Miller v. Scottsdale Ins. Co.

932 So. 2d 1028, 31 Fla. L. Weekly Supp. 310, 2006 Fla. LEXIS 891, 2006 WL 1375241
CourtSupreme Court of Florida
DecidedMay 18, 2006
DocketSC05-936
StatusPublished
Cited by3 cases

This text of 932 So. 2d 1028 (Miller v. Scottsdale Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Scottsdale Ins. Co., 932 So. 2d 1028, 31 Fla. L. Weekly Supp. 310, 2006 Fla. LEXIS 891, 2006 WL 1375241 (Fla. 2006).

Opinion

932 So.2d 1028 (2006)

Kathleen MILLER, et vir., Appellants,
v.
SCOTTSDALE INSURANCE COMPANY, Appellee.

No. SC05-936.

Supreme Court of Florida.

May 18, 2006.

Charles P. Schropp and Amy S. Farrior of Schropp, Buell and Elligett, P.A., Harry Vance Smith of Smith, Clark, Delesie, Bierly, *1029 Mueller and Kadyk, Tampa, FL, for Appellant.

Anthony J. Russo of Butler, Pappas, Weihmuller, Katz, and Craig, LLP, Tampa, FL, for Appellee.

ANSTEAD, J.

We have for review a question of Florida law certified by the Eleventh Circuit Court of Appeals that is determinative of a cause pending in that court and for which there appears to be no controlling precedent. See Miller v. Scottsdale Ins. Co., 410 F.3d 678 (11th Cir.2005). The Eleventh Circuit certified the following question:

WHETHER § 627.848, FLA. STAT. (2002), CONTEMPLATES A SINGLE DATE OF CANCELLATION FOR THE INSURANCE CONTRACT AS A WHOLE OR WHETHER THE CONTRACT CAN BE CANCELLED AS TO DIFFERENT INSUREDS AT DIFFERENT TIMES DEPENDING ON WHEN A STATUTORILY REQUIRED NOTICE IS GIVEN TO THAT INSURED?

Id. at 681-82. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. For the reasons explained below, we hold that section 627.848, Florida Statutes (2002), provides for a single date of cancellation.

FACTS AND PROCEDURAL HISTORY

Scottsdale Insurance Company ("Scottsdale") issued a commercial property and general liability insurance policy to its insured, the Cuban Club, for the period of October 27, 2000, to October 27, 2001. This policy included a "Building and Personal Property Coverage Form," which contained a provision requiring Scottsdale, as the insurer, to provide Northside Bank of Tampa ("Northside"), as a mortgagee of the Cuban Club property, with ten days' notice prior to any cancellation by Scottsdale of the policy.[1] In order to finance the cost of Scottsdale's policy, the Cuban Club entered into a premium financing arrangement with Premium Financing Specialists, Inc. ("PFS"), whereby PFS would initially pay the insurance premium and, in turn, the Cuban Club would make payments to PFS. The premium finance agreement included a power of attorney authorizing PFS to cancel the Scottsdale policy in the event of the Cuban Club's failure to make its required payments to PFS. When the Cuban Club failed to make its December 2000 payment to PFS, PFS mailed a notice of cancellation to Scottsdale on December 28, 2000. Scottsdale received the notice on January 9, 2001. In accordance with the policy provision requiring notice of any cancellation to the mortgagee, Scottsdale provided notice to Northside of the policy's cancellation on January 22, 2001.

Prior to the notice to Northside, on January 13, 2001, Kathleen Miller was injured on the Cuban Club's property. Kathleen and Rod Miller ("the Millers") sued the Cuban Club for damages arising from Kathleen Miller's injuries, and obtained a judgment against the Cuban Club for approximately $330,000. The Cuban Club assigned to the Millers all of its rights as the named insured under its policy with Scottsdale. The Millers then filed suit against Scottsdale, alleging that the insurance *1030 policy provided coverage for the Millers' judgment against the Cuban Club. Scottsdale removed the case from state court to federal court and asserted that the policy had been canceled on January 9, 2001, prior to Kathleen Miller's injury. In response, the Millers argued that the policy remained in effect and that cancellation could not have taken effect prior to the expiration of the period required for notice to the mortgagee, Northside.

The federal district court agreed with Scottsdale and granted Scottsdale's motion for summary judgment. In its order, the district court concluded that although the policy expressly requires Scottsdale to provide written notice to Northside ten days before the effective date of cancellation, the "notice requirement exists for the exclusive benefit of Northside" and it "fails to invalidate PFS's cancellation of the Cuban Club's insurance on January 9, 2001." Miller v. Scottsdale Ins. Co., No. 8:03-cv-996-T-23MSS (M.D. Fla. order filed Mar. 4, 2004) (hereinafter cited as "Order"). The district court also recognized that this case involved an unsettled issue of Florida law, and in its order suggested certification of the question to this Court in the event of an appeal. Order at 4 n. 2.[2] The Millers appealed the federal district court's decision to the Eleventh Circuit Court of Appeals, and the Eleventh Circuit subsequently issued an opinion in Miller v. Scottsdale Ins. Co., 410 F.3d 678 (11th Cir.2005), certifying the statutory cancellation issue to this Court.

ANALYSIS

This Court has repeatedly stated that "[w]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning . . . the statute must be given its plain and obvious meaning." Fla. Dep't of Revenue v. New Sea Escape Cruises, Ltd., 894 So.2d 954, 960 (Fla.2005) (quoting A.R. Douglass, Inc. v. McRainey, 102 Fla. 1141, 137 So. 157, 159 (1931)). Further, we are "without power to construe an unambiguous statute in a way which would extend, modify, or limit, its express terms or its reasonable and obvious implications. To do so would be an abrogation of legislative power." McLaughlin v. State, 721 So.2d 1170, 1172 (Fla.1998) (quoting Holly v. Auld, 450 So.2d 217, 219 (Fla.1984)).

The relevant statute cited in the certified question, section 627.848, Florida Statutes (2002), provides:

627.848 Cancellation of insurance contract upon default. —
(1) When a premium finance agreement contains a power of attorney or other authority enabling the premium finance company to cancel any insurance contract listed in the agreement, the insurance contract shall not be canceled unless cancellation is in accordance with the following provisions:
(a)1. Not less than 10 days' written notice shall be mailed to each insured shown on the premium finance agreement of the intent of the premium finance company to cancel her or his insurance *1031 contract unless the defaulted installment payment is received within 10 days.
2. After expiration of such period, the premium finance company shall mail to the insurer a request for cancellation, specifying the effective date of cancellation and the unpaid premium balance due under the finance contract, and shall mail a copy thereof to the insured at her or his last known address as shown on the premium finance agreement.
(b) Every notice of cancellation shall include, in type or print of which its face shall not be smaller than 12 points, a statement that, if the insurance contract or contracts provide motor vehicle liability insurance required by the financial responsibility law, proof of financial responsibility is required to be maintained continuously for a period of 3 years, pursuant to chapter 324, and the operation of a vehicle without such financial responsibility is unlawful.

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Related

Sultan v. Safeco Surplus Lines Insurance
444 F. App'x 376 (Eleventh Circuit, 2011)
Kathleen Miller v. Scottsdale Insurance Company
410 F.3d 678 (Eleventh Circuit, 2006)
Miller v. Scottsdale Insurance
457 F.3d 1172 (Eleventh Circuit, 2006)

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Bluebook (online)
932 So. 2d 1028, 31 Fla. L. Weekly Supp. 310, 2006 Fla. LEXIS 891, 2006 WL 1375241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-scottsdale-ins-co-fla-2006.