Schachar v. Northern Assurance Co. of America

OPINION

HOWELL, Justice.

This is a suit on an insurance policy. The plaintiffs, David and Joan Schachar (“Policyholders” or “Holders”), sought to recover for the theft of their automobile from their insurance carrier, Northern Assurance Company of America (“Carrier”), and from the broker selling the policy to them. The trial court granted summary judgment to Carrier and its broker in response to an assertion that the policy had expired for non-payment of premium before the loss occurred. We hold that a fact issue exists upon the question of waiver and estoppel and, therefore, reverse and remand.