HomeMy WebLinkAbout0327 mobile home~ and it was placed iointly in her son's name as
a convenience only. Plaintiff had been making all of the mort-
gage payments on the mobile home. The contents and nersonal
effects in the mobile home at the time of ~he fire were owned
entirely by Plaintiff. Plaintiff thus had an insurable interest
. in the mobile home, contents and personal effects therein.
At the time of the fire. Plaintiff and her husband
were out of the state visiting her son, and the f.ire was not
discovered by them until. they returned to Florida around
December 30, 1977. On that date ar the next business day,
Pla~ntiff's hus~and notified.their insurance agent of the fire
and of Plaintiff's loss. Approximately two weeks after that,
Plaintiff and her husband met with Defendant's adjuster and at
that time, the adjuster asked Plaintiff to urepare a list of the
personal effects which were damaged or ~estroved by the fire, ~
on yellow legal paper.which he ~ave to Plaintiff. Several days
after that, Plaintiff delivered an itemized.list, with a des-
cription, date of purchase, place of ourchase and purchase orice
to the Defendant's adjuster. This list was signed bv Plainti~f,
but was not sworn to. Neither the Defendant nor its adjuster
~ ever requested the Plaintiff to furnish a sworn vroof of loss
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! as required by the terms of the policy. Theref_ore, the De-
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' fendant has waived this requirement and in effect, the itemized
list furnished by Plaintiff was the ~roof of loss.
The fire damage caused a total 2oss of the mobile home,
with no salvage value. The insurance nolicy, (P-_6), contained
a Florida mandatory endorsement (Bulletin No. 593), which nro-
vided that if the loss is 1009~ or more of the full renlacement
cost of the mobile home, the ~overage of Chis nolicy is extended
. to include the full cost of repair or replacement without de-
duction for depreciation. Therefore, the damages for the mobile
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~ home is determined not by the fair market value of a used ~obile
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~ home as of the date of loss, but because of this endorsement, is
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determined by the cost of replacement at the time of loss.
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- aQOK 303 P~ 326 _
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