Adams v. Colonial Insurance Co. of California

Appellant, James W. Adams, appeals the judgment of the Cuyahoga County Court of Common Pleas granting summary judgment in favor of appellee, Colonial Insurance Company of California. For the following reasons, we reverse and remand.

Adams was involved in an accident with an uninsured motorist on February 25, 1996. Colonial denied coverage because Adams had not paid the premium and his policy was cancelled as of February 10, 1996. Adams sued for a declaratory judgment that he did pay the premium and was entitled to coverage. Colonial counterclaimed that it was entitled to a declaratory judgment.