Smith v. Southeastern Fidelity Ins. Co.
| Decision Date | 03 May 1984 |
| Docket Number | No. 68208,68208 |
| Citation | 171 Ga.App. 26,318 S.E.2d 708 |
| Parties | SMITH v. SOUTHEASTERN FIDELITY INSURANCE COMPANY. |
| Court | Georgia Court of Appeals |
Timothy A. Siler, Decatur, for appellant.
Richard B. Eason, Jr., Atlanta, for appellee.
The appellant sued to collect survivor's benefits allegedly owed to her under the "no-fault" provisions of a policy of automobile accident insurance issued to her deceased husband by the appellee insurance company. She appeals the trial court's grant of summary judgment to the insurer.
The appellant's husband applied for the policy on July 23, 1980, tendering with his application a $248 down payment towards a total annual premium of $746. On August 15, 1980, the insurer mailed him a policy with an expiration date of October 14, 1980, explaining in an accompanying notice that the coverage period had been limited to the period of time covered by his down payment. The notice stated: The appellant's husband did not submit a new application or pay any additional premium. He died as the result of an automobile accident which occurred on December 20, 1980. Held:
The trial court did not err in granting the insurer's motion for summary judgment, as it appears without dispute from the evidence of record that the policy was not in force on the date of the accident. The appellant's contention that the insurer was required to send her husband a written cancellation notice pursuant to OCGA § 33-24-44 (former Code Ann. § 56-2430) as a condition precedent to discontinuing coverage is without merit. In the first place, the code section applicable to cancellation of automobile policies is not § 33-24-44 but § 33-24-45 (former Code Ann. § 56-2430.1). Furthermore, the insurer did not cancel the policy. Rather, the policy lapsed by its own terms due to the insured's failure to apply for a renewal policy and pay a renewal premium as required by the insurer. Because of this failure to pay a premium for renewal coverage following the insurer's manifestation of its willingness...
To continue reading
Request your trial
-
Tippins Bank & Trust Co. v. Southern General Ins. Co.
...to give notice of nonrenewal. Progressive Preferred Ins. Co. v. Brown, 261 Ga. 837, 413 S.E.2d 430 (1992); Smith v. Southeastern Fid. Ins. Co., 171 Ga.App. 26, 318 S.E.2d 708 (1984); Garner v. Government Emp. Ins. Co., 129 Ga.App. 235, 199 [266 Ga. 101] S.E.2d 350 (1973). However, this case......
-
Progressive Preferred Ins. Co. v. Brown
...23, 1988. No written notice of cancellation or nonrenewal was required. See OCGA § 33-24-45(f)(2), (3); Smith v. Southeastern Fidelity Ins. Co., 171 Ga.App. 26, 27, 318 S.E.2d 708 (1984). Therefore, Brown did not have any coverage with Progressive on March 17 when Mrs. Brown was involved in......