McDuffie v. Criterion Casualty Co.

Birdsong, Presiding Judge.

James B. McDuffie et al. appeal from the order of the superio; court granting summary judgment to appellee Criterion Casualt] Company (Criterion) in a declaratory judgment suit. ]

Defendant Juanita Price applied for an insurance contract witl appellee Criterion and was issued an insurance binder, dated December 31, 1991. Price tendered a check, equivalent to the first policy premium installment as part of the transaction, and also contemporaneously signed and dated an insurance application. This application pertinently provided “checks, drafts, and money orders are…