MIXSON v. ALLSTATE INSURANCE COMPANY

No. 79-1380.

388 So.2d 608 (1980)

Nancy MIXSON and Benjamin Mixson, Her Husband, Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 24, 1980.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward A. Perse, Miami, William J. Goldworn, Coral Gables, for appellants.

Spencer & Taylor and Arthur H. Taylor, Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


BASKIN, Judge.

The Mixsons, defendants in an action for declaratory judgment, appeal a final judgment entered by the trial court determining they were not entitled to personal injury protection and uninsured motorist coverage. We hold that acceptance of a belated premium payment by Allstate Insurance Company estops the insurer from denying coverage, and therefore, reverse the trial court.

On December 11, 1974, Benjamin Eugene Mixson contracted for automobile...

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