Yacko v. Curtis

I respectfully dissent and would reverse the decision of the trial court.

On August 18, 1997, Anthem sent Curtis the following “Notice of Cancellation”:

“Dear Insured,

As you know, you have a premium due 08/31/97. If you have already sent this payment to us, we thank you for your prompt attention.

If, however, you have not yet sent it to us. [sic] Please remember that this payment is due in our office on 08/31/97. Having it here before that date will avoid cancellation of this policy.

If this payment is not received by us before 08/31/97, then this notice will serve as a notice of cancellation for…