Stith v. Milwaukee Guardian Ins., Inc.

The defendant appeals from the trial court’s decision granting plaintiff’s summary judgment motion. We reverse.

On September 22, 1982, defendant, Milwaukee Guardian Insurance, Inc. (“Guardian”), issued plaintiff, Joseph J. Stith, a six-month renewable automobile insurance policy. Stith continued to renew the Guardian policy through the March 22, 1985 to September 22, 1985 period. However, not having received a premium payment for the succeeding period, Guardian sent Stith notice on September 24, 1985 that if payment was not received by October 5, 1985, the policy would terminate. On September…