Oaks v. Motors Insurance Corp.

OPALA, Justice:

In this appeal from summary judgment for the insurer two questions must be answered: [1] was the insurance policy in suit effectively renewed beyond its last anniversary date without prepayment of premium? and [2] assuming an affirmative answer, had the policy been effectively cancelled before the casualty loss occurred?

Before expiration date [March 2] 1 of his then current policy, the owner [Oaks] of a tractor-truck [truck] received in the mail a renewal policy and premium notice extending his coverage for one year. Unable to make the premium payment on or before the…