Empire Fire & Marine Insurance Co. v. Taylor
Docket: No. 91-2888
Court: District Court of Appeal of Florida; October 13, 1992; Florida; State Appellate Court
Empire's appeal from a final judgment and an Order on Coverage and Partial Payment favoring the insureds has been reviewed. In a prior case, Taylor v. Empire Fire & Marine Ins. Co., the court determined that the issue was identical to that in Rabatie v. U.S. Security Ins. Co., leading to a reversal and remand for further proceedings. The Rabatie ruling established that an automobile insurance policy grants automatic coverage for newly acquired vehicles, contingent upon the insurer being notified within thirty days of acquisition. In this instance, the excess insurer was only informed about the newly acquired vehicle on the forty-first day post-acquisition. According to the Rabatie precedent, the failure to provide notice within thirty days negates any relevance of the accident occurring within that period or the lack of prejudice to the insurer from the delayed notification. Consequently, the court reversed the judgment.