Policy cancellation effective even where insurer deposits check after accident

The Fourth DCA has held rejected an insured's claim of waiver/estoppel against an insurance company. Bristol West Insurance Co. v. Albertson, case no. 4D09-574.

The insurer told the insured that her policy would be cancelled if she didn't pay by February 10th. The insured mailed her premium check after that date, on February 19th. Three days later the insured was in an accident. A few days after that, the insurer deposited the insured's check, but later refunded the premium.

The Fourth DCA found that the cancellation was effective, since the insured did not rely on the insurer's post-accident deposit of the check.