Florida/Georgia Personal Injury & Workers Compensation

...(quoting Fla. H.R. Comm, on Ins., HB 4-F (1982), Staff Analysis 91 (June 8,1982)). In Prida, the Third District did not void the notice of cancellation of an automobile liability insurance policy for failure to fully comply with the requirements of section 627.848(3), Florida Statutes (1993)....

...(May 26, 2005) Before EDMONDSON, Chief Judge, and TJOFLAT and KRAVITCH, Circuit Judges. PER CURIAM:  This diversity action presents an obscure but important question of Florida insurance law, namely, whether § 627.848, Fla....

...Specifically, Scottsdale points out that the policy’s “Building and Personal Property Coverage Form” contains the notice requirement to Northside, but the policy’s general liability coverage form does not contain any notice requirement to Northside. 3 The Millers also argue that if § 627.848 contemplates separate dates of cancellation for different insureds, it would raise difficult and complex premium allocation issues because many types of insurance are not priced on a “per insured” basis....

...56(c). It is undisputed that the policy was not cancelled as to Northside until after Kathleen Miller’s injury. Because the policy remained in effect with respect to some insureds until after the date of injury, the question becomes whether § 627.848 5, which governs insurance policy cancellations by premium finance 4 The district court acknowledged that there was no controlling Florida authority on the issue....

...In Dunbar, the court summarily dismissed the claim that a policy cancellation was ineffective because the insurance company had not notified third party lien holders, reasoning that “[t]his requirement is irrelevant to any duty owed to the insured plaintiff.” 561 N.E.2d at 453. 5 § 627.848 provides in part: 5 companies, contemplates separate dates of cancellation for different insureds or requires a single cancellation date. Although there is no Florida case on all fours, several Florida decisions have interpreted § 627.848.6 In Southern Group Indem., Inc....

...Id. The policy, however, required that the premium finance company give the insurer advance written notice of the effective date of any policy cancellation. Id. The issue before the court was when the notice of cancellation became effective. Id. The court reasoned that § 627.848(1)(d) required that the policy’s cancellation provision be enforced, meaning that the premium finance company had to comply with the advance notice requirement in the policy.7 Id. at 682-83. Therefore, in the context of that case, Cullen held that § 627.848(1)(d) requires that policy restrictions on cancellation be satisfied before cancellation can be effective. Id. Cullen did not, however, involve multiple insureds or address whether § 627.848 mortgagee was given oral rather than written notice of a policy cancellation. The court relied on the then statutory equivalent of § 627.848(1)(d), holding that “[f]ailure to give the prescribed notice nullifies the attempted cancellation by the premium finance company.” 677 So....

...On November 23, 1993, the plaintiff Alfred sustained injuries from an automobile collision with a vehicle driven by an ATM employee. Id. at 450. Security denied coverage, claiming that the policy was cancelled as of September 7, 1993. Id. Relying on the then statutory equivalent of § 627.848(1)(d), the Fla....

...uld be decided, we certify the issue to the Florida Supreme Court for a definitive statement. III. Question Certified We respectfully certify to the Florida Supreme Court the following question: Whether § 627.848, Fla....

...In Pride, the Third District Court of Appeal upheld per curiam a trial court's finding that a statute's font size requirement was merely permissive, and that a violation of it did not require voiding the provision. Prida v. Transamerica Insurance Finance, 651 So.2d 763, 764 (Fla. 3d DCA 1995). Section 627.848(1)(b) [4] which is about notices canceling insurance contracts after the insured has defaulted states: Every notice of cancellation shall include, in type or print of which its face shall not be smaller than 12 points, a statement tha...

...Goode, 830 So.2d 817, 823-24 (Fla.2002)(finding that the absence of an explicit penalty did not allow the court to ignore the mandatory language provided in the statute). [3] The Florida Insurance Code comprises Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651 of the Florida Statutes. See Section 624.01. [4] Section 627.848(1)(b) used to be Section 627.848(3)....

...Insurance Co. of North America, 603 So.2d 520 (Fla. 2d DCA 1992), wherein the district court recognized conflict with Bankers Insurance Co. v. Pannunzio, 538 So.2d 61 (Fla. 4th DCA 1989), and certified the following question for our consideration: WHETHER SECTION 627.848 ALLOWS AN INSURER TO CANCEL AN INSURANCE CONTRACT UPON RECEIPT OF A REQUEST OF CANCELLATION SENT BY THE FINANCE COMPANY WITHOUT CONFIRMING THAT THE NOTICE REQUIREMENTS UNDER SUBSECTION (1) HAVE BEEN MET BY THE FINANCE COMPANY WHEN THERE EXISTS A POWER OF ATTORNEY IN THE FINANCE AGREEMENT? 603 So.2d at 524....

...INA denied coverage for the November 26 loss and Cooke instituted the instant action against INA and INAC. Both INA and INAC moved for summary judgment. INA maintained that the policies had been cancelled prior to the November 26, 1988, loss at the request of INAC in accordance with section 627.848, Florida Statutes (1987)....

...Cooke's motion to strike the computer printout also was denied. However, the trial court granted INA's motion *254 for summary judgment, reasoning that an insurer can rely on a request for cancellation from a premium finance company regardless of whether the finance company complied with the provisions of section 627.848. Cooke appealed the summary final judgment entered in favor of INA. INAC did not participate in the appeal. The district court reversed the ruling in INA's favor, holding that section 627.848(1) is clear and unambiguous in requiring that, when there exists a power of attorney in the finance agreement, the notice provisions must be complied with prior to cancellation....

...When notice has properly been accomplished by the finance company, the insurance contract "shall be cancelled" by the insurer, pursuant to subsection (4). 603 So.2d at 523. Thus, the court reasoned that INA had to have knowledge of INAC's compliance with the notice requirements of section 627.848 before it could cancel Cooke's policies....

...at 524. The district court certified the above question in light of the conflict with Pannunzio, in which the Fourth District Court of Appeal stated "the finance company, not the insurer, bears the onus for failing to give the insured notice [under section 627.848(2)] and the insured may not recover from the insurer for failure of the finance company to comply with the statute." 538 So.2d at 62. In order to resolve the apparent conflict, we rephrase the question as follows and answer it in the affirmative: MUST AN INSURER WHO RAISES THE DEFENSE OF CANCELLATION AT THE REQUEST OF A PREMIUM FINANCE COMPANY PURSUANT TO SECTION 627.848 PROVE COMPLIANCE BY THE FINANCE COMPANY WITH THE NOTICE REQUIREMENTS OF SUBSECTION (1) OF THE STATUTE IN ORDER TO AVOID LIABILITY UNDER A CONTRACT OF INSURANCE, WHEN THE INSURED DENIES HAVING RECEIVED SUCH NOTICE? Under the plain language of section 627.848, [2] when a premium finance agreement contains a power of attorney enabling the finance company to cancel an insurance contract, the insurance contract "shall not be canceled" unless cancellation is effectuated in accordance with the provisions of the statute....

...It is the insurer who is alleging cancellation as a defense; thus, it is the insurer's burden to prove an effective cancellation under the statute. See Hall v. T.C. Saffold Paving Service, 397 So.2d 725 (Fla. 1st DCA 1981) (insurer raising defense of cancellation pursuant to section 627.848 has burden of proving finance company complied with requirements of statute)....

...ny to satisfy fully the insurance company that all statutory notices have been given, otherwise, the insurance company will not return any of the premium. Id. at 371. Placing such a burden on the insurer is consistent with both the plain language of section 627.848 and the apparent purpose of the notice requirement which is to give the insured timely notice of the impending cancellation so as to allow the insured to take appropriate action. Thus, we answer the question as rephrased in the affirmative and hold that where an insured denies receipt of the notice of intent to cancel required by section 627.848(1), an insurer who raises the defense of cancellation under section 627.848 must prove that the premium finance company complied with the provisions of the statute in order to avoid liability under a contract of insurance....

...HARDING, Justice, concurring in part and dissenting in part. I concur with the majority opinion that the computer printout regarding notice to the insured is admissible in evidence. However, I respectfully dissent to the majority holding that an insurance company raising the defense of cancellation under section 627.848 bears the burden of proving that the premium finance company complied with the notice provisions of the statute....

...Thus, I would disapprove the decision of the district court requiring the insurer to prove that the finance company complied with the notice requirement. OVERTON and McDONALD, JJ., concur. NOTES [1] We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. [2] Section 627.848, Florida Statutes (1987), provides in pertinent part: When a premium finance agreement contains a power of attorney or other authority enabling the premium finance company to cancel any insurance contract listed in the agreement, the...

...tate, and certified the foregoing question to this Court. First State argues that because Fountainbleau cancelled the policy through Tifco, it *268 was required neither by statute nor by the policy terms to give notice to the mortgagee. We disagree. Section 627.848, Florida Statutes (1987), provides in pertinent part: Cancellation of insurance contract upon default.—When a premium finance agreement contains a power of attorney or other authority enabling the premium finance company to cancel an...

...RDANCE WITH THE REQUIREMENTS OF FLORIDA STATUTES 627.728 REGARDLESS OF WHETHER OR NOT THE PREMIUM FINANCE COMPANY HAD SENT TO THE INSURED A TEN-DAYS' NOTICE OF INTENT TO CANCEL AND A NOTICE OF CANCELLATION OF THE POLICY PURSUANT TO FLORIDA STATUTES, SECTION 627.848? *584 "The Court further certifies that the aforesaid question or proposition of law is determinative of the cause and is without controlling precedent in this State and that instruction from the Court will facilitate the proper dispo...

...No notice of cancellation of a policy to which this section applies shall be effective unless the reason or reasons for cancellation accompany the notice of cancellation. "(b) Nothing in this subsection (3) shall apply to nonrenewal. * * *" (Emphasis added) "627.848 Cancellation of insurance contract upon default....

..."(6) Whenever an insurance contract is cancelled in accordance with this section, the insurer shall promptly return whatever gross unearned premiums are due under the contract to the premium finance company effecting the cancellation for the benefit of the insured or insureds." (Emphasis added) It will be noted that F.S. § 627.848, by its very terms, is applicable only "when a premium finance agreement contains a power of attorney or other authority enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement"....

...Obviously, if it did not then the certified question must without further adieu be answered in the affirmative. However, the briefs of the parties, and the statements of the attorneys at oral argument, assumed the existence of a power of attorney, thereby bring Florida Statute § 627.848 into play, and for the purpose of answering the certified question we will make the same assumption here....

...§ 627.728 be applicable in instances wherein the named insured failed to make premium payments under a premium finance plan. The inescapable conclusion follows that in instances wherein there is a default in the payment of insurance premiums under a premium finance plan both statutes (F.S. § 627.728 and F.S. § 627.848) must be complied with. Inasmuch as the provisions of the two statutes are neither ambiguous nor in conflict there is no basis for judicial construction. F.S. § 627.848 delineates the duties and responsibilities of a premium finance company incident to cancellation of an insurance contract upon default....

...* shall apply where cancellation is effected under the provisions of this section." The provisions of F.S. § 627.728 describe the manner in which a policy is cancelled by an insurer upon receipt of the "request for cancellation" as provided in F.S. § 627.848(2)....

...American Mutual Fire Insurance Company, Dt. App.Ga.3rd, 1974, 131 Ga. App. 366, 206 S.E.2d 86, to consider a factually similar case involving the same premium finance company as involved sub judice and statutory provisions quite similar to F.S. § 627.728 *587 and F.S. § 627.848....

...nd to its insured a notice of cancellation in accordance with the requirements of F.S. § 627.728, regardless of whether or not a premium finance company has sent to the insured a notice of intent to cancel or notice of cancellation pursuant to F.S. § 627.848....

...tion 627.728(3)(c), Florida Statutes (1983), provides that the requirement of notice by the insurer to the insured does not apply in cases where the premium has been financed and the premium finance company has complied with the notice provisions of section 627.848. In turn, section 627.848 requires the finance company to mail the insured a ten-day notice of its intent to cancel upon default, and also to mail the insured a copy of the request for cancellation when it sends the request to the insurer....

...(quoting Fla. H. R. Comm. on Ins., HB 4-F (1982), Staff Analysis 91 (June 3, 1982)). In Prida, the Third District did not void the notice of cancellation of an automobile liability insurance policy for failure to fully comply with the requirements of section 627.848(3), Florida Statutes (1993)....

...as of January 5. That notice was received by the insurer on January 9, but the accident occurred on January 6. The trial court held the insurance was still in effect on January 6. Cancellation of a policy by a premium finance company is addressed by section 627.848, Florida Statutes (1995)....

...The statute further provides that "upon receipt of a copy of the cancellation notice by the insurer or insurers, the insurance contract shall be canceled with the same force and effect as if the notice of cancellation had been submitted by the insured himself." § 627.848(1)(c)....

...After this policy has been in effect for two months: a) The named insured shown in the Declarations may cancel by: (1) returning the policy to us; or (2) giving us advance written notice of the date cancellation is to take effect. Policy cancellation requirements are incorporated in section 627.848(1)(d), which provides: All statutory, regulatory, and contractual restrictions providing that the insured may not cancel her or his insurance contract unless she or he or the insurer first satisfies such restrictions by giving a presc...

...at 647 (citation omitted). Similarly here, Smith's transactions with insurer Foremost, which fall within part XVI, section 627.902 of the Florida Insurance Code, are not to be confused with an insured's transaction with a premium financing company as defined by part XV. Section 627.848(1)(e) of part XV sets forth the procedure to follow when a policy is cancelled due to an insured's default in paying a premium financing company: [T]he insurer shall promptly return the unpaid balance due under the finance contract, u...

...t. Predictably, by the time of his accident on June 8, 1983, the policy had long since been cancelled by the finance company. The trial court held that the cancellation of insurance coverage by Bankers was invalid for failure to strictly comply with section 627.848, Florida Statutes (1981), dealing with cancellation of an insurance policy by a finance company for failure of an insured to make financing payments....

...The trial court denied appellant's motion for summary judgment and its subsequent motion for partial summary judgment as to the cancellation issue only. Security National then moved for summary judgment claiming that it complied with the requirements of section 627.848, Florida Statutes (1993), in canceling the insurance policy due to nonpayment of premiums. The trial court agreed and entered summary judgment in favor of Security National. Section 627.848(5), Florida Statutes (1993), which governs the cancellation of insurance contracts upon default, states as follows: All statutory, regulatory, and contractual restrictions providing that the insured may not cancel his insurance contra...

...ppeals that is determinative of a cause pending in that court and for which there appears to be no controlling precedent. See Miller v. Scottsdale Ins. Co., 410 F.3d 678 (11th Cir.2005). The Eleventh Circuit certified the following question: WHETHER § 627.848, FLA....

...BE CANCELLED AS TO DIFFERENT INSUREDS AT DIFFERENT TIMES DEPENDING ON WHEN A STATUTORILY REQUIRED NOTICE IS GIVEN TO THAT INSURED? Id. at 681-82. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. For the reasons explained below, we hold that section 627.848, Florida Statutes (2002), provides for a single date of cancellation....

...nable and obvious implications. To do so would be an abrogation of legislative power." McLaughlin v. State, 721 So.2d 1170, 1172 (Fla.1998) (quoting Holly v. Auld, 450 So.2d 217, 219 (Fla.1984)). The relevant statute cited in the certified question, section 627.848, Florida Statutes (2002), provides: 627.848 Cancellation of insurance contract upon default....

...ailed to provide the notice required by this subsection, the insured shall have a cause of action against the premium finance company for damages caused by such failure to provide notice. Id. (emphasis added). When interpreting the plain language of section 627.848(1), we first consider the statement that "the insurance contract shall not be canceled unless cancellation is in accordance with the following provisions." We conclude that the plain meaning of this provision is that an insurance contract cannot be canceled until all of the statutory requirements of the statute are fulfilled. To be sure, the statute sets out express prerequisites that must be satisfied before there can be an effective cancellation. See § 627.848(1)(a)(d)....

...For example, each insured on the premium finance agreement must be given at least ten days written notice by mail of the intent of the premium finance company to cancel the insurance contract unless the unpaid installment payment is received within ten days. § 627.848(1)(a)(1)....

...must do so before there can be an effective cancellation, and the insurance company "shall determine and calculate the effective date of cancellation from the day it receives the copy of the notice of cancellation from the premium finance company." § 627.848(1)(d)....

...Further, as the statute dictates, if there are no applicable statutory, regulatory, or contractual requirements for notice to be given to third parties, then the insurance contract shall be canceled as of the date specified in the cancellation notice upon receipt of the notice by the insured or insurers. § 627.848(1)(c)....

...However, there is nothing in the statute that suggests that the insurance contract may be canceled as to different insureds at different times depending on when a statutorily required notice is given to that insured. Therefore, we conclude that the plain language of section 627.848, Florida Statutes (2002), requires a single date of cancellation for the insurance contract as a whole. [3] Florida case law construing section 627.848 further supports this interpretation of the statutory scheme providing a single cancellation date....

...been given oral rather than the required written notice of cancellation. Id. at 269. The contract expressly provided that the mortgagee was to be given written notice of cancellation. Id. at 268. This Court relied on the then statutory equivalent of section 627.848(1)(d) [4] and concluded that the "[f]ailure to give the prescribed notice nullifies the attempted cancellation by the premium finance company." Id....

...ance company, acting as the attorney-in-fact for the insured, requested a cancellation date prior to the date on which the notice was received by the insurance company. Id. at 682. Although Cullen did not involve multiple insureds or address whether section 627.848 contemplates a single policy cancellation date, it is instructive....

...uirement contained in the policy applies to the premium finance company. The company could not, therefore, make cancellation effective prior to the insurer receiving notice of the cancellation." Id. As the Fourth District pointed out in its opinion, section 627.848(1)(d) requires contractual restrictions on cancellation to be satisfied before cancellation can be effective....

...Id. at 450. However, the insurer failed to comply with an ordinance requiring that thirty days' notice of the cancellation be given to the Broward County Consumer Affairs Division ("CAD"). Id. at 450-51. Relying on the then statutory equivalent of section 627.848(1)(d), the court held that if the insurer was required to give notice to CAD and had failed to do so, the cancellation was ineffective. Id. at 451. [7] *1034 CONCLUSION Florida courts that have construed section 627.848 have held that all statutory, regulatory, or contractual requirements for cancellation must be satisfied before a policy may be canceled. [8] In Fidelity, this Court concluded that the cancellation by the premium finance company was ineffective because the contract expressly provided that the mortgagee was to be given written notice of cancellation. In Cullen, the court found that section 627.848(1)(d) incorporated a contractual restriction requiring notice to the insurer, and that restriction prevented a cancellation date prior to the date on which the notice was received by the insurance company....

...ivision, the cancellation was ineffective. We agree with the interpretations of Florida's statutory scheme for insurance cancellations set out in these decisions. Accordingly, we answer the certified question by concluding that the plain language of section 627.848, Florida Statutes (2002), contemplates a single cancellation date for the insurance policy as a whole....

...See also Southern Group Indem., Inc. v. Cullen, 831 So.2d 681, 683 (Fla. 4th DCA 2002) ("Nor do we see any reason why the insurer should feel aggrieved by having to provide coverage, since the premium, which had been advanced by the finance company, was current."). [4] § 627.848(5), Fla....

...governmental entity and "existed to protect the general public from uninsured tow truck operators." Order at 4 n. 4. Although the notice to a governmental agency is different from contractually required notice to a mortgagee, both are covered under section 627.848(1)(d) ("The insurer ......

...(July27, 2006) Before EDMONDSON, Chief Judge, and TJOFLAT and KRAVITCH, Circuit Judges. PER CURIAM:  This case returns to us after we certified a question to the Florida Supreme Court regarding the interpretation of § 627.848, Fla. Stat. (2002). The question we certified read: “Whether § 627.848, Fla....

...ifferent times depending on when a statutorily required notice is given to that insured?” Miller v. Scottsdale Ins. Co., 410 F.3d 678, 681-82 (11th Cir. 2005) (per curiam).1 The Florida Supreme Court answered that “the plain language of section 627.848, Florida Statutes (2002), contemplates a single cancellation date for the insurance policy as a whole” and that “all statutory, regulatory, or contractual requirements for cancellation must be satisfied before a policy may be canceled.” Miller v....

...However, it is uncontroverted that PSC had no knowledge of the pendency of the chapter 11 case when it took the action. PSC, in its motion, asserts that it has an interest in the unearned premiums being *886 held by the debtor's agent pursuant to Florida Statute 627.848(6) which provides that: (6) Whenever an insurance contract is canceled in accordance with this section, the insurer shall promptly return the unpaid balance due under the finance contract up to the gross amount available upon the cancellation...

comparable but not identical provision in section 627.848(1) to allow the carrier to establish compliance

...due. If the unearned premium is not mailed within 45 days after the applicable period, the insured may bring an action against the insurer pursuant to s. 624.155. The statute addressing cancellation and refunds where premium financing is involved is section 627.848, and it provides in subsection (l)(e): (e) Whenever a financed insurance contract is canceled, the insurer shall, within 30 days of the cancellation date, return the unpaid balance due under the finance contract, up to the gross amoun...

...he written approval of the insured apply such amount to the purchase of other insurance products regulated by the office. The commission may adopt rules necessary to implement the provisions of this subsection. The trial court reasoned that, because section 627.848 does not specifically provide for interest, while section 627.7283 does, the legislature did not intend that interest be due on late refunds to premium financers....

...law general principle that a person to whom a debt is owed is entitled to interest at the lawful rate. Chelsea Title & Guar. Co. v. Turner, 389 So.2d 691 (Fla. 4th DCA 1980). In addition, if interest were not due, the thirty day grace period in section 627.848(e) would have no teeth....

...If the insureds fail to make payments when due, appellants have the contractual right to cancel the policies on the insured’s behalf. If this occurs, the underwriter or insurer is obligated to return any unearned premiums to the premium finance company which, in turn, must remit any excess premiums to the insureds. See § 627.848, Fla.Stat....

insurance policy was cancelled. As required by Section 627.848(3), Florida Statutes (1993),1 *764the notice

...Evanston’s State Court Litigation against PAC After settling with the DeLoreys, Evanston continued to litigate its third-party claims against PAC. (Id. at Stipulated Fact 49). On February 25, 2011, Evanston and PAC both filed Motions for Partial Summary Judgment based on Florida Statute §§ 627.848(l)(c) and (l)(d)....

...On March 16, 2011, the State Court granted Evanston’s Motion for *1306 Partial Summary Judgment and denied PAC’s Motion for Partial Summary Judgment. (Id. at Stipulated Fact 51); (Doc. # 82, Ex. 77). The State Court ruled that the Notice of Cancellation as given under Fla. Stat. § 627.848 (l)(c) by PAC was sufficient cancellation of the Policy and had the effect of cancelling the Policy on February 5, 2003. (Id. at Stipulated Fact 52). The State Court also found that, under Fla. Stat. 627.848(l)(d), there were no other statutory or regulatory provisions or restrictions that required notice be given prior to cancellation of the Policy either by PAC or Evanston to any parties or entities other than the insured. (Id. at Stipulated Fact 53). In addition, the State Court determined that Fla. Stat. § 627.848 (l)(d) did not require that any notice be given specifically to any “Aeord certificate holders” or addressees....

...The State Court further determined that Fla. Stat. § 458.320 did not create a duty on the part of either PAC or Evanston to give notice to the Department of Health prior to cancellation of the Policy. (Id. at Stipulated Fact 55). The State Court held that Fla. Stat. § 627.848 (l)(c) did not require Evanston to determine the validity of the power of attorney held by PAC '.(Id....

...ry judgment in favor of PAC on November 11, 2012. (Doc. # 56). The Court held that no special relationship or any other basis of a duty running between PAC and Evanston existed under- Florida’s statutory regime governing premium finance companies, § 627.848, et seq., Fla....

...Thus, the Court need only decide the merits of Evanston’s equitable subrogation claim (Count II). II. Conclusions of Law As this Court’s jurisdiction is predicated upon diversity jurisdiction, this Court applies the substantive law of the forum state. A. § 627.848 and Cancellation of the Policy Florida Statute § 627.848 states in relevant part: (1) When a premium finance agreement contains a power of- attorney or other authority enabling the premium finance company, to cancel any insurance contract listed in the agreement, the insurance contract shall not...

...der the finance contract, and shall mail a copy thereof to the insured at her or his last known address as shown on the premium finance agreement. PAC’s January 15, 2003, Notice of Intent to Cancel Policy (Doc. #82, Ex. 9) was fully compliant with § 627.848(1)(a)(1), Fla....

...of February 5, 2003.”). ' The power of attorney contained in the Premium Finance Agreement was valid and effective at the time PAC delivered its Notice of Cancellation on February 4, 2003. 2 If PAC had not complied with the notice requirements of § 627.848(1)(a)(1), Fla. Stat., the Estate of Dr. Dave would have had a direct cause of action against PAC pursuant to § 627.848(1)(f), Fla. Stat. 3 The Estate of Dr. Dave had no claim against PAC pursuant to § 627.848(1)(f), Fla. Stat., because PAC’s Notice of Cancellation was fully compliant with § 627.848, Fla. Stat. The Estate of Dr. Dave had no colorable or meritorious claims against PAC for any actions taken by PAC. Any claim that the Estate of Dr. Dave may have had against PAC pursuant to § 627.848(1)(f), Fla....

...Primary Liability for the Debt Evanston failed to establish, eler ment three — that it was not primarily liable for the debt or that PAC was primarily liable for the debt. i. PAC Did Nothing Wrong All of PAC’s actions in January and February, 2003, were authorized by and compliant with § 627.848 et seq., Fla....

...5 Imposing liability on PAC in this case would work an injustice on PAC because if PAC had done anything wrong in the cancellation of the Policy, the Estate of Dr. Dave would have a direct statutory cause of action against PAC for damages pursuant to § 627.848(1)(f), Fla....

...any, and if such premium finance company has failed to provide the notice required by this subsection, the insured shall have a cause of action against the premium finance company for damages caused by such a failure to provide notice.” Fla. Stat. § 627.848 (1)(f)....

...At no time did Dimarzo challenge the finance company’s authority to cancel the insurance for nonpayment or the validity of his signature on the power of attorney. Even if plaintiff had standing, there is nothing in the record to indicate that either the insurance company or the finance company failed to comply with section 627.848, Florida Statutes (1997)....

...emises insurance policies. INA is the insurer and INAC is the premium finance company. The primary issue in this case is whether INAC’s notice of intent to cancel Cooke’s insurance policies complied with the premium finance cancellation statute, section 627.848, Florida Statutes (1987), and if not, whether such noncompliance precluded INA from validly cancelling the policies....

...INA and INAC moved for summary judgment on the ground that there was an effective cancellation under section 627.-848. Cooke moved for partial summary judgment against INA asserting coverage for the fire loss in part on the basis that the cancellation was not in compliance with section 627.848 and, therefore, was ineffective to cancel the insurance contracts....

...The trial court denied INAC’s motion for summary judgment holding that it is disputed whether INAC mailed a valid notice of intent to cancel. The trial court also denied Cooke’s motion to strike and partial summary judgment on the coverage issue. This timely appeal followed. Section 627.848, Florida Statutes (1987), provides that “[w]hen a premium finance agreement contains a power of attorney ......

...mailed to each insured.” “In statutory construction, statutes must be given their plain and obvious meaning.” Reed By and Through Lawrence v. Bowen, 503 So.2d 1265, 1267 (Fla.2d DCA 1986), approved, 512 So.2d 198 (Fla.1987). INA contends that section 627.848(4) gives it the authority to cancel an insurance contract upon receipt of the request for cancellation without regard to whether the finance company has complied with the notice provisions contained in subsection (1). Section 627.848(4) provides that [u]pon receipt of a copy of the cancellation notice by the insurer or insurers, the insurance contract shall be cancelled with the same force and effect as if the *523 notice of cancellation had been submitted by the...

...judicial interpretation is not appropriate to displace the expressed intent.” Shelby Mutual Insurance Co. of Shelby, Ohio v. Smith, 556 So.2d 393, 395 (Fla.1990) (citations omitted). The introductory language and the language in subsection (1) of section 627.848 is clear and unambiguous in requiring that, when there exists a power of attorney in the finance agreement, the notice provisions must be complied with prior to cancellation....

...4th DCA), review denied, 496 So.2d 143 (Fla.1986) (citations omitted). Subsection (4) cannot be read to relieve the insurer of the responsibility to establish that the statute has been complied with, as that responsibility is set forth in the introduction of section 627.848....

...INA relies on the cases of Bankers Insurance Co. v. Pannunzio, 538 So.2d 61 (Fla. 4th DCA 1989) and Tate v. Hamilton Insurance Co., 466 So.2d 1205 (Fla.3d DCA 1985) in support of its position that it may cancel an insurance contract regardless of whether the finance company has complied with section 627.848(1)....

...r of the insurer. The third district in Tate stated that “[t]he onus is ... properly placed on the finance company to notify the insured that it has cancelled the policy on his behalf.” Tate, 466 So.2d at 1206 . This statement is consistent with section 627.848(1), which requires the finance company to send a notice of intent to cancel to the insured. The third district did not indicate that the insurer was free to cancel an insurance contract without first confirming that compliance with section 627.848(1) has been accomplished by the finance company....

...iled as a matter of law over the insured’s self-serving denial of receipt of this notice. The insured in Pannunzio claimed that he also did not receive a copy of the request for cancellation mailed by the finance company to the insurer pursuant to section 627.848(2)....

...from the insurer for failure of the finance company to comply with the statute.” Pannunzio, 538 So.2d at 62 (citing Tate). It is this statement upon which INA relies concerning the issues before us. Contrary to the plain meaning of the language in section 627.848, the fourth district, in Pannunzio , expressly relieves the insurer from any responsibility to ascertain compliance with section 627.848(1). *524 Section 627.848 specifically states that “when a premium finance agreement contains a power of attorney ... the insurance contract shall not be cancelled unless cancellation is in accordance with the following provisions.” We hold that compliance with section 627.848 requires that the insurer have knowledge that each step required has been taken by the finance company before the insurer may cancel the insurance contract....

...The record shows that Cooke spoke with his agent on November 2, 1988 regarding the agent’s receipt of a notice of intent to cancel Cooke’s policies. INAC mailed its request for cancellation on November 4, 1988. Even if we were to hold that actual notice by telephone was sufficient under section 627.848(1), the notice here was insufficient, because the notice did not give Cooke ten days to make payment. See § 627.848(1), Fla.Stat....

...Lucie County v. Oliver, 403 So.2d 583, 584 (Fla.4th DCA 1981) (“[ejvidence which itself indicates the existence of a more original source of information is to be excluded”). We have held that INA must have knowledge of INAC’s compliance with section 627.848(1) before INA may cancel an insurance contract. Accordingly, the trial court’s denial of Cooke’s motion for partial summary judgment concerning coverage was proper, as there are genuine issues of material fact concerning this issue as well, i.e., whether there was compliance with section 627.848(1). We hold that summary final judgment in favor of INA, the insurer in this case, was improper, as there exist genuine issues of material fact with regard to whether there was compliance with the requirements set forth in section 627.848....

...The case is affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. Because our holding directly conflicts with the fourth district’s opinion in Pannunzio , we certify to the Florida Supreme Court the following question: WHETHER SECTION 627.848 ALLOWS AN INSURER TO CANCEL AN INSURANCE CONTRACT UPON RECEIPT OF A REQUEST OF CANCELLATION SENT BY THE FINANCE COMPANY WITHOUT CONFIRMING THAT THE NOTICE REQUIREMENTS UNDER SUBSECTION (1) HAVE BEEN MET BY THE FINANCE COMPANY WHEN THE...

PER CURIAM: This case returns to us after we certified a question to the Florida Supreme Court regarding the interpretation of § 627.848, Fla. Stat. (2002). The question we certified read: “Whether § 627.848, Fla....

...eds at different times depending on when a statutorily required notice is given to that insured?” Miller v. Scottsdale Ins. Co., 410 F.3d 678 , 681-82 (11th Cir.2005) (per curiam). 1 The Florida Supreme Court answered that “the plain language of section 627.848, Florida Statutes (2002), contemplates a single cancellation date for the insurance policy as a whole” and that “all statutory, regulatory, or contractual requirements for cancellation must be satisfied before a policy may be canceled.” Miller v....

Affirmed. § 627.728(3)(a), Fla.Stat. (1989); § 627.848, Fla.Stat. (1989) (amended 1992, 1993); Insurance

...payment of premium is defective.... ” Oak Brook subsequently filed another motion for summary judgment wherein it asserted that the insurance policy was canceled prior to the loss, regardless of whether PAC complied with the notice requirements of section 627.848, and that it was entitled to rely on PAC’s representation that it had authority to cancel the policy....

...t regarding the existence of a valid power of attorney authorizing PAC to cancel Bamboo Garden’s policy with Oak Brook and whether PAC sent Bamboo Garden the required statutory cancellation notice. Oak Brook argues that under the plain language of section 627.848, Florida Statutes (1995), upon its receipt of the cancellation notice from PAC, Oak Brook’s sole duty was to cancel the policy, i.e., it had no duty to conduct an investigation into whether the premium finance agreement (which purportedly included a power of attorney) or the cancellation request was valid. Thus the issues in the instant case relating to count 1 are: 1) whether Oak Brook was required to establish that PAC complied with the notice provisions of section 627.848 before it canceled the policy and 2) whether Oak Brook was required to establish that PAC had a valid power of attorney from Bamboo Garden that gave PAC legal authority to cancel the policy. The first issue, the notice issue, is readily resolved by reference to section 627.848(l)(e), Florida Statutes (1995), which provides: (c) Upon receipt of a copy of the cancellation notice by the insurer or insur *84 ers, the insurance contract shall be canceled with the same force and effect as if the notice of cancell...

...ilence does not create a material fact issue precluding summary judgment in this case. 1 Rather, any claim that PAC failed to fulfill the statutory notice requirements presents an issue that must be resolved between Bamboo Garden and PAC pursuant to section 627.848(1)00, Florida Statutes (1995) (“If an insurance contract is canceled by an insurer upon the receipt of a copy of the cancellation notice from a premium finance company, and if such premium finance company has failed to provide the n...

...request cancellation and 2) we find that the rationale in Insurance Company of North America v. Cooke, 624 So.2d 252 (Fla.1993) is controlling with regard to the power of attorney. The power of attorney plays a pivotal role in the overall scheme of section 627.848. The power of attorney is the essential document that gives the finance company the authority to act on behalf of the insured in canceling an insurance policy under this statutory scheme. See § 627.848(1), Fla....

...Otherwise, insurers will be obligated under *85 the statute to accept cancellation notices from any finance company that purports to act on behalf of the insured regardless of their legal authority to do so. Insurance coverage is a far too important component of doing business to allow cancellation of insurance under section 627.848 in such a cavalier manner....

...We note that-had the case been governed by the 1987 statutes, Insurance Company of North America v. Cooke, 624 So.2d 252 (Fla.1993), would have required a contrary result. In Cooke, the supreme court held that compliance with the notice requirement of section 627.848 is a condition precedent to cancellation of an insurance policy....

...ffective cancellation under the statute.” Id. at 255 (citing Hall v. T.C. Saffold Paving Serv„ 397 So.2d 725 (Fla. 1st DCA 1981)). The decision in Cooke regarding the notice requirements of the statute, however, has been legislatively abrogated. Section 627.848(4), Florida Statutes (1987), which was interpreted and applied in Cooke, was amended subsequent to Cooke and is now found in section 627.848(l)(c), Florida Statutes (1995), the section applicable to the instant case. . We conclude that the rationale in Cooke is controlling with regard to the power of attorney because the scope of the legislative amendment to section 627.848(l)(c), Florida Statutes (1995) is limited to the notice provisions of the statute....

...The Legislature did not include provisions which indicate that the insurer is not obligated to establish the existence of a valid power of attorney authorizing the finance company to effectively cancel a policy. Thus we find that the Legislature did not intend to completely abrogate the decision in Cooke when it amended section 627.848(l)(c)....

later the same day. The insurer relies on section 627.848(l)(f), which provides: If an insurance contract

PER CURIAM. Affirmed. See Senfeld v. Bank of Nova Scotia Trust Co., 450 So.2d 1157 (Fla. 3d DCA 1984); § 627.848(6), Fla.Stat....

...The bare testimony of Wich-man is not competent substantial evidence to prove the existence of a power of attorney between the insured and the premium finance company. His testimony indicates *727 that American Casualty complied with Section 440.42(2) and 440.185(7) but there is no evidence that the requirements of Section 627.848 were met by INAC....