Zak v. Fidelity-Phenix Insurance

The plaintiff in this case seeks a declaration that the defendant insurance company is liable under its automobile liability insurance policy for damages arising out of an automobile collision in which she was involved and which occurred some time after the insurance company had cancelled the policy. The issue presented is whether the cancellation was effective.

The cancellation provisions of the policy and the notice of cancellation are set out in the majority opinion. I believe, and the plaintiff admits, that under the proper interpretation of the cancellation provision, the defendant had…