(Download) "Free v. Free" by In the District Court of Appeal of the State of Florida Fifth District July Term 2006 * Book PDF Kindle ePub Free

eBook details

Title: Free v. Free
Author : In the District Court of Appeal of the State of Florida Fifth District July Term 2006
Release Date : January 04, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

Mrs. Jewell Forrester filed an action in the Superior Court of Clarke County against State Farm Mutual Insurance Company on a policy of collision insurance on a 1952 Chevrolet automobile owned by her, alleging that on February 1, 1955, the defendant issued her a policy of collision insurance for a period from that date to February 1, 1957; that the defendant had always notified the plaintiff by mail of the expiration dates of policy periods of similar insurance policies which she had previously purchased; that this conduct and custom of the defendant induced her to rely upon notice instead of keeping in mind the expiration dates of her policies; that such custom on the part of insurance companies is so universal as to be become by implication a part of the plaintiffs policy; that on February 18, 1957, she suffered a collision which totally wrecked the automobile; that she reported this to the branch office on the same day and for the first time discovered the policy was in default; that she at all times intended to keep the policy in full force and effect and that it was in full force and effect upon the date of the collision by reason of the fact that on February 19, 1957, she forwarded the defendant a money order in the full amount of the premium due which was accepted and retained by the defendant and applied said premium payment to the six-month period from February 1, 1957, to August 1, 1957, and so notified the plaintiff by mailing her a premium receipt to that effect, but that after this suit was filed on April 22, 1957, the defendant mailed the plaintiff a rebate of $2.19, and informed her they had decided to consider her policy as being in effect from February 21, 1957, to August 1, 1957, but the plaintiff refused to accept this rebate and refused to consider the policy renewal as becoming effective on February 21, rather than February 1.