07-2050 JAMES MAGEE v. AMERICAN SOUTHERN HOME INS. CO.

State: Florida

Court: Florida First District Court

Docket No: 07-2050

Case Date: 06/02/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JAMES E. MAGEE, Appellant, v. AMERICAN SOUTHERN HOME INSURANCE COMPANY, A FLORIDA CORPORATION, Appellee. _______________________________/

CASE NO. 1D07-2050

Opinion filed June 2, 2008. An appeal from the Circuit Court for Leon County. William L. Gary, Judge. David P. Healy of Law Offices of David P. Healy, PL, Tallahassee, for Appellant. Thomas J. Guilday, Albert J. Wollermann, and Marc A. Peoples of Guilday, Tucker, Schwartz & Simpson, P.A., Tallahassee, for Appellee.

HAWKES, J. James Magee appeals the trial court's order granting summary judgment in favor of American Southern Home Insurance Company. Magee argues summary judgment was improper. Accordingly, we reverse. Our review of the record reveals Magee is correct.

Background Magee filed a complaint against American Southern, alleging breach of contract for its refusal to pay a claim Magee made under his policy. In relevant part, Magee alleged he had a policy with American Southern issued on October 29, 2002, and he was involved in an accident on August 6, 2004, which resulted in losses covered by the policy. American Southern denied the claim, asserting it cancelled Magee's policy for nonpayment of premium with an effective cancellation date prior to the date of Magee's accident. American Southern asserted it had mailed premium notices and a cancellation notice to Magee's business address. Magee admitted changing his current address to his business address for limited purposes. Magee testified he never received any premium or cancellation notice at his business address, and only received a cancellation notice by certified mail at his original address "way after" his accident occurred. Florida law requires at least 10 days notice of cancellation for nonpayment of premium prior to the cancellation effective date. See

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