W. Va. Public Employees Insurance Board v. Blue Cross Hospital Service Inc.

I find that I must dissent to Part II of the majority opinion because the evidence indicates conclusively that the State, and not Blue Cross, cancelled the contract. The “grace period” that is provided in insurance contracts, and that is required by statute, is an “anti-lapse” provision designed to prevent insureds who are late in paying premiums from being without coverage. It has long been the rule in other jurisdictions, both federal and state, that a grace period: “Does not contemplate free insurance, or operate to continue the policy in force after it expires by agreement of the…