Blue Cross-Blue Shield of Ala. v. Caudle

I respectfully dissent.

This case was originally assigned to the author of this dissent. The majority of this *687court did not agree with my proposed opinion. My proposed opinion expresses my view of this appeal and is as follows:

The dispositive issue is whether an insurer must apply unpaid benefits due its insured to the payment of an overdue premium to prevent the loss of coverage.

The record reveals the following facts:

Through his employer Caudle contracted with Blue Cross for group hospitalization and major medical insurance. The group policy provided for automatic termination in the event…