Ector v. American Liberty Insurance

Clark, Judge.

Does the procurement of new insurance with the uncommunicated intent that it take the place of existing insurance constitute in and of itself an effective cancellation of the existing policy? The trial court answered this question affirmatively and granted summary judgment to defendant insurer in plaintiffs’ suit for recovery under their original fire insurance policy. On appeal, plaintiffs contend that the court erred in denying their motion for summary judgment and also in entering judgment for defendant.

The facts are undisputed. On December 16, 1972, defendant American Liberty…