Skip to main content

Stein Fulton Prevails in Florida’s Third District Court of Appeal

Congratulations to Kiernan Trebach partner Wendy Stein Fulton on an appellate win for a commercial insurance client!

In this case, the State of Florida’s Third District Court of Appeals reversed a trial court judgment and ruled in our client’s favor on a significant insurance coverage issue. Here are a few key points from the appellate court’s opinion:

  • An insured can effectively cancel an insurance policy on the date stated in their written cancellation notice to the insurer, even if the insurer receives the notice on a later date.
  • Insurance policy provisions requiring “advance written notice” of cancellation are for the benefit of the insurer, which can choose to waive strict compliance.
  • The court distinguished and declined to follow a previous case that applied specific statutory requirements for premium finance company cancellations.

This is an important victory clarifying Florida law on policy cancellation requirements. Excellent work Wendy in prevailing on this matter for our client!