TRANSPORTATION CAS. v. ALL AMERICAN AIR

No. 4D05-1416.

925 So.2d 396 (2006)

TRANSPORTATION CASUALTY INSURANCE COMPANY, Appellant, v. ALL AMERICAN AIR FREIGHT, INC., a Florida corporation, Delta Freight, Inc., Yoel Oliver, and Lucio M. Perez-Reynozo, as Personal Representative of the Estate of Pascuala Sanchez-Domingo, Maria Esquivez, Ana Mejia-Maldonado, Magrino Ramos-Diaz, Jeffrey M. Friedman, as Personal Representative of the Estate of Jeremias Diaz-Mendez, John Doe, as Personal Representative of the Estate of Marta Lopez-Vasquez, Armando Diaz-Lopez, Katrina Mendez-Lopez, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 1, 2006.


Attorney(s) appearing for the Case

Farrah C. Fugett-Mullen of Wiederhold & Moses, P.A., West Palm Beach, for appellant.

Michael D. Eriksen of Romano, Eriksen & Cronin, West Palm Beach, for appellee Lucio Perez-Reynozo.

Joseph A. Vassallo and Joseph Bilotta of Vassallo & Bilotta, P.A., Palm Springs, for Appellee Estate of Jeremias Diaz-Mendez.

Raul R. Lopez of Raul R. Lopez, P.A., Miami Lakes, for appellees All American and Yoel Oliver.


KLEIN, J.

The appellant insurer appeals a summary judgment holding that it did not effectively cancel an insurance policy because it failed to give the notice to the state as required by a statute applicable to commercial vehicles. We affirm.

The insurer issued the policy in September, 2002, but after the insured failed to make premium payments, sent the insured a notice of cancellation in October, reflecting a cancellation date of November 15, 2002. On December...

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