Michigan Court of Appeals; Docket No. 138086; Unblished
Judges Griffin, Reilly, and Fitzgerald; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Cancellation and Rescission of Insurance Policies
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals held that an insurance company was not obligated to send notice of cancellation where the insurance policy terminated at the end of the policy term, and the insured person did not pay the renewal premium in spite of receiving notices that the renewal premium would be required in order to renew the policy.
Citing previous appellate decisions, the court stated, "While the policy was in effect, it could not be canceled without a notice of cancellation in accordance with the provisions of paragraph 10 of the general conditions of the policy, which incorporated the language of MCLA 500.3020(1 )(b). However, after the period of coverage had expired, the policy was no longer in effect and a notice of cancellation was not required."
The court held that the fact the insurance company sent a notice that the renewal premium had not been paid but that if it were paid, there would be no interruption of coverage, did not constitute a waiver of the insurance company's rights to consider the policy automatically terminated when one renewal premium was not sent to the company.