ROSEN v. MILLERS MUTUAL FIRE INS. CO. OF TEXAS

No. 66-269.

193 So.2d 632 (1967)

Max ROSEN and Rheva Rosen, Appellants, v. The MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a Texas Corporation, Appellee.

District Court of Appeal of Florida. Third District.

January 17, 1967.


Attorney(s) appearing for the Case

Fuller & Brumer, Kenneth L. Ryskamp, Miami, for appellants.

Welsh, Cornell & Walsh, Sam Daniels, Miami, for appellee.

Before PEARSON and SWANN, JJ., and WILLIAMS, GENE, Associate Judge.


SWANN, Judge.

Approximately three years after Rheva Rosen was injured in an auto accident caused by an uninsured motorist, she made written demand upon her insurer for arbitration under the uninsured motorist provisions of her policy. The insurer, The Millers Mutual Fire Insurance Company of Texas, then sought a declaratory decree to determine its liability under the policy, alleging that Mrs. Rosen had breached the condition of the policy requiring notice in writing...

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