JOHN C. ALBURY, APPELLANT,
v.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, APPELLEE
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Florida appellate court affirmed summary judgment denying attorney's fees where delivery of an insurance policy booklet and certificate, rather than the actual master policy, did not constitute delivery of a policy under Florida law.
Delivery of an insurance policy booklet and certificate does not constitute delivery of a policy under Florida law so as to entitle an insured to attorney's fees.
[1] Delivery of an insurance policy booklet and certificate does not constitute delivery of a policy under Florida law for purposes of entitling an insured to attorney's fees…
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Join FLexlaw to unlock all legal intelligenceAlbury, a Florida resident, purchased group insurance from Equitable Life Assurance Society. Equitable's agent delivered to Albury a booklet explainin…
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PER CURIAM.
Albury, a Florida resident, appeals a final summary judgment denying his request for an award of attorney’s fees incident to his action against appellee, Equitable Life Assurance Society. We affirm.
In Blue Cross of Florida, Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978), this court specifically rejected an insured’s contention that delivery of a brochure or booklet constituted delivery of a policy in Florida so as to entitle him to attorney’s fees under Section 627.428(1). Further, it is evident under Section 627.402(2) that delivery of a certificate is also insufficient where a group policy is involved. See Aetna Life Insurance Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978). We find no merit in appellant’s argument that delivery of the certificate and a policy booklet explaining the insurance coverage constituted delivery of a policy in Florida. Here, the master policy is indisputably in Missouri, and has never been delivered in Florida. Furthermore, contrary to appellant’s assertion, Equitable’s selling agent was aware that the booklet he delivered to appellant was only an explanation of the Missouri policy, not the policy itself. The trial court correctly determined that there was no genuine issue of material fact to be resolved, and that appel-lee was entitled to judgment as a matter of law.
AFFIRMED.
ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- AETNA Life Ins. Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978)
- Blue Cross OF Fla., Inc. v. Turner, 363 So. 2d 133 (Fla. 1st DCA 1978)