Pekin Insurance v. Harvey

The plaintiff, Pekin Insurance Company (Pekin), filed a complaint in the circuit court of Madison County, seeking a judgment declaring that it had no obligation to defend Gordon Harvey, doing business as Anchor Enterprises (Anchor), against a negligence action filed by Tracy L. Wallace because it had cancelled Anchor’s liability policy for the nonpayment of the premium several months before the accident that gave rise to Wallace’s action. Following a hearing on each party’s motion for a summary judgment, the circuit court found that Pekin failed to provide a proper notice of cancellation and…