Florida District Courts of Appeal, 2002

United Automobile Insurance Co. v. Vale

United Automobile Insurance Co. v. Vale
Florida District Courts of Appeal · Decided February 20, 2002 · Jorgenson, Nesbitt, Schwartz
811 So. 2d 727; 2002 Fla. App. LEXIS 1804; 2002 WL 237002 (Southern Reporter, Second Series)

United Automobile Insurance Co. v. Vale

Opinion of the Court

PER CURIAM.

Affirmed. See State Farm Mut. Auto. Ins. Co. v. Resnick, 636 So.2d 75 (Fla. 3d DCA 1994); Aries Ins. Co. v. Cayre, 785 So.2d 656 (Fla. 3d DCA 2001).

JORGENSON, J., and NESBITT, Senior Judge, concur.

Dissenting Opinion

SCHWARTZ, Chief Judge

(dissenting).

In this case involving the efficacy of a claimed notice of policy cancellation, I would reverse the judgment for the insured for a new trial because I believe the trial court prejudicially erred in denying the appellant’s requested instruction concerning the rebuttable “presumption that mail properly addressed, stamped and mailed was received by the addressee.” Brown v. Giffen Industr., Inc., 281 So.2d 897, 900 (Fla. 1973); accord Service Fire Ins. Co. v. Markey, 83 So.2d 855 (Fla. 1955); Moses v. Bystrom, 489 So.2d 834 (Fla. 3d DCA 1986); Brake v. State Unemployment Appeals Comm’n, 473 So.2d 774 (Fla. 3d DCA 1985); Berwick v. Prudential Prop. & Cas. Ins. Co., 436 So.2d 239 (Fla. 3d DCA 1983).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.