Abbey v. Lumbermen's Mutual Casualty Co.

The question here is whether an automobile insurance policy, paid for by a twice-dishonored check, was in force when the supposedly insured driver ran into plaintiff, Joe Marvin Abbey, with his car. The plaintiffs appeal from the trial court’s grant of summary judgment on the defendant-insurer’s counterclaim for declaratory relief, arguing that the insurer cannot deny coverage because it either unconditionally accepted the insured’s check as payment or waived the forefeiture, and because it did not effectively notify the insured that his policy had been cancelled.

The plaintiffs filed their…