[DOWNLOAD] "Bradley v. Associates Discount Corp. Et Al." by Supreme Court of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: Bradley v. Associates Discount Corp. Et Al.
- Author : Supreme Court of Florida
- Release Date : January 10, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
THOMAS, Justice. This controversy is not new. In the first trial the appellant secured a verdict against Emmco Insurance Company and the judge granted a motion for new trial because he was convinced that he had erred in one of his charges to the jury. Upon appeal we affirmed his ruling. Bradley v. Associates Discount Corp., Fla., 58 So.2d 857. In effect he had charged the jury that liability under the policy would not determine unless the plaintiff, appellant, received actual notice of cancellation before the loss was sustained. We held that the charge did not conform to the pertinent provision of the insurance contract, that could be abrogated ""by mailing to the Named Insured [Associates Discount Corporation, transferee of seller of the car] and to the Purchaser or Borrower [appellant] * * * written notice stating when not less than five (5) days thereafter such cancellation [sic] shall be effective."" It was our conviction that the quoted language was so unambiguous as to offer no occasion for the application of the rule of strict construction or, therefore, for the charge given.