RONALD LESTER, PLAINTIFF-APPELLANT,
v.
THE HANOVER INSURANCE COMPANY, DEFENDANT-APPELLEE

5th Cir. | 1974-01-25
No. 73-3424
488 F.2d 976 Court of Appeals for the Fifth Circuit (1974)

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Synopsis

An automobile insurer's cancellation of a policy within sixty days of issuance was reversed because the insurer failed to state a statutorily authorized reason for cancellation, despite the policy being in effect for less than sixty days.


Holding

A cancellation notice for an automobile insurance policy, even if mailed within sixty days of issuance, must state a reason authorized by section 627.728(2), Florida Statutes (1989), to be effective.


Facts & Procedural History

An insured purchased an automobile insurance policy. The insurer mailed a notice of cancellation within sixty days of issuance, but the reason stated …

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Opinion of the Court
PER CURIAM:

PER CURIAM:

On this appeal the appellant Lester complains of the action of the district court in granting the motion for summary judgment of the appellee Hanover Insurance Company in a diversity action for alleged slander. While summary judgment is granted sparingly and with caution, it is our conclusion that Lester has failed to demonstrate to this court that error was committed in granting the motion. Indeed it appears that the trial judge was both patient and lenient with Lester. The facts were rather fully developed during extensive discovery and the submission of affidavits. The appellant was unable to add substance to the conclusory allegations of his complaint. Summary judgment is appropriate if there is no genuine issue as to any material fact to be resolved. Cf. Owens v. Diamond M Drilling Company, 487 F. 2d 74 (5th Cir. 1973).

The judgment is affirmed.


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