Mid-Century Insurance v. Miller

JUDITH Rogers, Judge.

This is an appeal from a declaratory' judgment in which the trial court held that an insurance policy issued by appellant to appellee was in full force and effect at the time of appellee’s loss, even though the policy had been canceled due to the nonpayment of the premium. Appellant raises two issues for reversal. It contends that the trial court erred in finding that the policy had been reinstated and in failing to find that appellee had perpetrated a fraud. We find merit in the first point raised and reverse.

On April 19, 1991, appellee purchased automobile liability…