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FIRST STATE INS. v. FIDELITY DEPOSIT

No. 93-1790.

643 So.2d 6 (1994)

FIRST STATE INSURANCE COMPANY, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as subrogee of Commonwealth Federal Savings and Loan Association, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied October 27, 1994.

Attorney(s) appearing for the Case

Paul B. Butler, Jr. and Ann Marie Muscaro of Butler, Burnette & Pappas, Tampa, for appellant.

Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Howard L. Pomerantz of Abramowitz & Pomerantz, P.A., Sunrise, for appellee.

Rehearing and Rehearing En Banc Denied October 27, 1994.

PER CURIAM.

We reverse and hold the undisputed evidence of appellee's actual notice of the cancellation of a fire insurance policy was sufficient to entitle appellant to the entry of summary judgment.

The appellee held a mortgage on property upon which the mortgagor was obligated to secure fire insurance. The appellant issued the insurance and was contractually...

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