Griffin v. Hartford Acc. & Indem. Co., 194
Decision Date | 07 April 1965 |
Docket Number | No. 194,194 |
Citation | 141 S.E.2d 300,264 N.C. 212 |
Court | North Carolina Supreme Court |
Parties | Rebecca GRIFFIN, b/n/f Charleen Greene, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY. |
J. Donnell Lassiter and Kennedy, Covington, Lobdell & Hickman, Charlotte, for defendant appellant.
Horace M. DuBose, III, Gastonia, for plaintiff appellee.
Plaintiff's assignments of error present this question: Did the court commit prejudicial error in admitting evidence offered for the purpose of showing an unauthorized cancelation?
The policy, a standard form, permits cancelation by the insured 'by mailing to the company written notice stating when thereafter the cancelation shall become effective.' The policy permits cancelation by the company 'by mailing to the named insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancelation shall be effective.'
Touching the duty of insurer, upon cancelation to refund unearned premiums, the policy provides: (Emphasis supplied.)
The policy afforded protection for a period of one year, from February 27, 1961, unless canceled before that date. When the policy was issued, Sadler did not have sufficient funds to pay the premium in full. She paid $13.50 and contracted with the Insurance Premium Discount Company (IPD) to pay the balance. This balance, with IPD's financing charge, amounted to $27.00. It was payable in monthly installments of $4.50. Defendant received the premium for one year. Sadler appointed IPD her attorney in fact. She authorized it to cancel and
On June 8, 1961, IPD wrote defendant a letter, which it received on June 9, 1961. The letter stated that Sadler had failed to make the $4.50 monthly payment due it on May 25, 1961. The letter stated: Defendant canceled the policy 'effective on the 30th day of June 1961, at 12:01 a. m.' Notice of this cancelation was given to the Commissioner of Motor Vehicles on July 13, 1961. He mailed notice of cancelation to Sadler. She received the notice on July 14th. Additionally, there was evidence that defendant, on June 12, mailed notice to Sadler of the cancelation of her policy 'to become effective on the 30th day of June 1961 at 12:01 a. m.' On July 18, 1961, defendant paid to IPD $16.69, the unearned portion of the annual premium, as computed by it.
Plaintiff, over defendant's objection, was permitted to offer evidence showing: IPD had not notified Sadler of her failure to make...
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Schroeder v. Horack, 60828
...his automobile liability insurance policy, or he may authorize another to act for him in canceling." Griffin v. Hartford Acc. & Indem. Co., 264 N.C. 212, 141 S.E.2d 300, 302 (1965). In the case at bar, Horack authorized the agent, Ray Kelly, to cancel for him. According to the stipulated fa......
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...SHARP, Justice: This appeal from the fourth trial is the third time this case has been before us. See Griffin v. Hartford Accident & Indemnity Co., 264 N.C. 212, 141 S.E.2d 300; Griffin v. Hartford Accident & Indemnity Co., 265 N.C. 443, 144 S.E.2d In apt time defendant tendered to the cour......
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