Callis v. State Automobile Insurance Co.

BAKER, Judge.

May an insurer avoid liability on a policy of casualty insurance when, through the fault of its agent, the name of the interested premium-paying party is omitted from the policy? We hold that it may not, and therefore reverse.

Cross-plaintiff-appellant Alfred Callis works as a contract hauler for plaintiff Architectural Brick & Tile, Inc. (Architectural Brick). He purchased one of Architectural Brick's tractor trailer trucks on contract. Under the parties' agreed payment arrangement, Architectural Brick retained monthly payments and casualty insurance premiums from Callis's…