HomeMy WebLinkAbout2094 i
S
all liability, time becomes of the very essence of the `
contract, and a failure to pay as agreed terminates the ~
contract unless there is an attempted payment or a waiver
or estoppel, and subject also to such exceptions or quali- -
fications a~a may exist by reason of contract provision, or
of statutes requiring notice, and of nonforfeiture and ~
similar enactments. In case the premium is not paid when ~
due, in consequence of which a forfeiture is incurred
under the conditians of the contract, equity cannot grant i
~ relief, for where an ~automatic forfeiture provision is
clear and unambiguous it must be enforced according to
~ its terms." Couch on Insurance 2nd §32:65
In this casQ the unqual.ified provision ~or termination of the
extended coverage upon nunpayment of the premium is clear and unambigu-
ous. From the undisputed facts it appears there was no fraud or mistake
on the part of the parties, there is no sh~ring of a waiver by the
insurance company, or anything which in equity would raise an estoppel.
It appears that Dr. Sullivan had full knowledge of the condition under ~
which the extended coverage was offered and for some reason elected
not to nay the premium, thereby allowing the extended coverage to
become null and void. It is thereupon ~
ORDERED AND ADJUDGED that the Motion for Summary Judgment filed
' by the Defendant, THE EMPLOYERS' FIRE INSURANCE COMPANY, is hereby
~ t
! granted and Summary Final Judgment be and the same is hereby entered ;
in favor of the Defendant, THE EMPLOYERS' FIRE INSURANCE COMPANY, anc7 ~
~ ~
~
agains t the Plaintiff, JOHN B. SULLIVAN, M.D.
DONE AND ORDERED at Fort Pierce, St. Lucie County, Florida,
this 6th day of September, 1974.
p ~,~c.osK'~ fEU'' ,
sT lUC1c~ ~C, ~RAS t
wL~uK :<<t* ~9~R e
~f rnR^ ,T. ~t ~~~~'1 - '
~ ~ 3 a CIRCUIT JUDCE
~9i0~1
~
Copies furnished to:
:
Mark Hicks, Esq., First Federal Bldg., 100 N.E. First Ave., Miami, FL ~
Michael Jeffries, Esq., P.O. Box 1270, Ft. Pierce, FL
,
x
- 5 - ~
~31- ,2 a89 '
;
~
~ . > ~ : - _ -
~ ~ ;
, ~ ~ _ ~ .w