Aries Insurance v. Aleman
Aries Insurance v. Aleman
Opinion of the Court
The Aries Insurance Company, defendant below, appeals from a non-final order granting partial summary judgment on the issue of liability in favor of Onelia Aleman, plaintiff below. We have jurisdiction, Fla.R.App.P. 9.1S0(a)(3)(C)(iv), and affirm.
Aleman paid Aries $1,042.00 for automobile insurance for one year, but then received a “premium invoice” informing her that an additional $216.48 was due. This invoice, known as a “three option letter,” gave Ale-man three choices: pay the additional premium; request cancellation of the policy; or take no action and have the policy canceled on the specific date of June 10, 1993. Ale-
The trial court correctly entered partial summary judgment for Aleman. As noted by that court, an absurd result will be reached if the statute is interpreted to require the listing of a specific cancellation date, yet also allow for cancellation on some other, unspecified date. See Savona v. Prudential Ins. Co. of Am., 648 So.2d 705, 707 (Fla. 1995)(“When the language of a statute is clear and unambiguous, as is the case here, the statute must be given its plain and ordinary meaning.”); City of Miami Beach v. Galbut, 626 So.2d 192, 193 (Fla. 1993)(“It is well settled that where a statute is clear and unambiguous, as it is here, a court will not look behind the statute’s plain language for legislative intent.”); In re McCollam, 612 So.2d 572, 573 (Fla. 1993)(stating that the court “will not go behind the plain and ordinary meaning of the words used in the statute unless an unreasonable or ridiculous conclusion would result from a failure to do so”).
Affirmed.
Reference
- Full Case Name
- The ARIES INSURANCE COMPANY v. Onelia Maria ALEMAN
- Cited By
- 2 cases
- Status
- Published