Schroeder Ex Rel. Schroeder v. Horack

I respectfully dissent. I would hold the contract of insurance between Horack and Allstate Insurance Company was in effect May 11, 1974, the date of James Horack, Jr.’s accident with plaintiff Robert Schroeder because neither Schroeder nor Allstate had effectively terminated the contract pri- or to the time of the casualty.

The controlling fact is the language of paragraph 20 of the liability policy issued by Allstate which provides:

CONDITIONS APPLICABLE TO ALL COVERAGE

20. CANCELLATION

[1] This policy may be cancelled by the named insured by mailing to the company written notice stating when…