Richmeier v. Williams

Foth, C.J.:

This is an appeal from an order of summary judgment in favor of an insurance company that failed to defend under an automobile liability policy.

On October 28, 1978, Thomas Williams acquired automobile liability coverage under an assigned risk policy written by USAA Casualty Insurance Company. The policy was for a one-year term from October 28,1978, to October 28, 1979. Williams failed to make the quarterly premium payment due on January 28, 1979.

On April 7, 1979, Williams had an automobile accident in which his passenger, Monty Richmeier, was injured. Richmeier sued Williams; USAA…