Graham v. Wade

Summary judgment is sought declaring that the third-party defendant, an insurer, is obligated to defend the defendants and third-party plaintiffs in the main action and to pay any judgment obtained against the latter.

The insurer has disclaimed under the contract of insurance, claiming that it was cancelled for nonpayment of premium prior to the date that the accident, or the basis for the primary action, occurred. The movants, however, contend that the cancellation notice was ineffective because, among other things, such notice made a Sunday the effective date of the cancellation and that, by…