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Sepko v. Providian Auto & Home Insurance Co.
Citations: 748 So. 2d 322; 1999 Fla. App. LEXIS 15639; 1999 WL 1062504Docket: No. 98-3918
Court: District Court of Appeal of Florida; November 23, 1999; Florida; State Appellate Court
Klein, the appellant, contests a summary judgment declaring that his automobile insurance was canceled, resulting in no coverage for an accident. The court affirms the judgment. Klein references the case Bergdorf v. Allstate Insurance Co., where the insurer reinstated a policy multiple times after cancellations for non-payment, establishing a precedent that coverage existed for an accident occurring after cancellation. However, the current case involves a cancellation notice dated November 25, 1997, requiring premium payment by December 11, 1997. Payment was not received by that date, and the accident occurred on December 14, 1997. While there was a prior instance of late payment leading to reinstatement, the court concludes that this does not demonstrate a consistent course of conduct sufficient to apply the Bergdorf precedent. The decision emphasizes Florida's mandatory automobile liability insurance requirements and suggests that leniency in payment should not lead to coverage without timely payment. The court argues that holding the insurer accountable for coverage in this case would discourage reinstatement practices, potentially increasing the number of uninsured vehicles. The judgment is affirmed with concurrence from Judges Gunther and Farmer.