Howard v. American Southern Insurance

Bell, Chief Judge.

The plaintiff filed suit to recover for the physical damage to his vehicle under the terms of an automobile policy.

Both sides moved for summary judgment. The defendants’ motion was granted and plaintiffs was denied.

The following facts are not controverted. The policy issued to plaintiff was for the period of October 12, 1976 to October 12,1977 for an annual premium of $627, which plaintiff financed on a monthly time payment plan. Plaintiff paid his monthly payment under this plan which was due on December 12, 1976. Shortly thereafter, plaintiff was advised by defendants that…