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Balboa Insurance Co. v. Envoy Finance Corp.

Citations: 520 So. 2d 689; 13 Fla. L. Weekly 556; 1988 Fla. App. LEXIS 742; 1988 WL 15464Docket: No. 87-1748

Court: District Court of Appeal of Florida; February 29, 1988; Florida; State Appellate Court

Narrative Opinion Summary

Genuine issues of material fact exist regarding the unpaid balances owed by Balboa Insurance Company to Envoy Finance Corporation following the cancellation of multiple insurance contracts. The court reversed the summary judgment concerning damages and remanded the case to the trial court for further proceedings. The trial court is tasked with determining whether Envoy's claim for unearned premiums improperly includes charges for individuals not insured by Balboa, individuals insured by Balboa without notice of cancellation, and unearned premiums based on the date Envoy sent cancellation notices instead of the date Balboa received them. The recalculation of the amount owed to Envoy will be conducted accordingly.

Legal Issues Addressed

Calculation of Unearned Premiums

Application: The trial court must determine if Envoy's claim included improper charges, such as for individuals not insured or without notice of cancellation, and whether unearned premiums were calculated correctly.

Reasoning: The trial court is tasked with determining whether Envoy's claim for unearned premiums improperly includes charges for individuals not insured by Balboa, individuals insured by Balboa without notice of cancellation, and unearned premiums based on the date Envoy sent cancellation notices instead of the date Balboa received them.

Material Fact Disputes in Insurance Contract Cancellations

Application: The case involves disputes over unpaid balances related to canceled insurance contracts, highlighting the need for further factual determination.

Reasoning: Genuine issues of material fact exist regarding the unpaid balances owed by Balboa Insurance Company to Envoy Finance Corporation following the cancellation of multiple insurance contracts.

Summary Judgment Reversal

Application: The appellate court reversed the trial court's grant of summary judgment due to genuine issues of material fact concerning the damages owed.

Reasoning: The court reversed the summary judgment concerning damages and remanded the case to the trial court for further proceedings.