Holguin v. Aetna Casualty & Surety Insurance

OPINION

BIRDSALL, Judge.

This is an appeal from judgment in favor of appellee Aetna Casualty and Surety Company (Aetna) in an action for breach of contract and bad faith failure to settle. Following a court trial, the court entered findings of facts and conclusions of law holding that the Aetna insurance policy at issue was not in effect at the time of the accident. We agree with the trial court and affirm.

The necessary facts are as follows. In October 1980, Aetna issued an automobile policy to David Kipnis to cover his new Datsun 280ZX. In March 1981, Aetna notified the insured that the…