Smith v. Southeastern Fidelity Insurance

Banke, Presiding Judge.

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…