PROGRESSIVE AMERICAN INS. CO. v. KURTZ

No. 87-714.

518 So.2d 1339 (1987)

PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. George L. KURTZ, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 25, 1988.


Attorney(s) appearing for the Case

Harold H. Catlin of Howell, Liles, Braddock & Milton, Jacksonville, for appellant.

Geoffrey B. Dobson of Meredith, Dobson & Ready, P.A., St. Augustine, for appellee.


COWART, Judge.

This case involves two questions: (1) Whether evidence of a routine practice of mailing a communication is sufficient to create a presumption that the addressee received the communication without additional proof that such practice was actually followed in the particular instance; and (2) Whether the evidence presented in this case was sufficient to rebut such a presumption.

Appellant, as insurer, issued to appellee, as insured, an automobile...

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