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Sprague v. California Pacific Bankers & Insurance Ltd.12/27/2001
1, 1992, and the checks should be made payable to Nottage Insurance.
On November 5, 1992, the insured Grumman airplane was rented from Kona Aviation by William S. Adams (William), a licensed pilot, for the stated purpose of William flying himself and his wife, Grace P. Adams (Grace), from the Keahole Airport over the Volcano National Park and back to Kona. William and Grace departed Kona in the Grumman airplane on November 5, 1992. They and the Grumman airplane have not been seen or heard from again.
On November 14, 1992, Maydwell and Doris made their second premium payment of $385.00 to Nottage Insurance. James Nottage endorsed the check to Aviation Insurance and the latter cashed it.
After the disappearance of the Grumman airplane, James Nottage advised Maydwell and Doris that because of the disappearance, they could cancel the remaining portion of the policy and obtain a refund. James Nottage provided the form and Maydwell signed it. No refund was ever paid.
A letter dated March 1, 1993, from Nottage Insurance and signed by James Nottage informed Maydwell and Doris about their insurance. Doris read the letter to the jury, in relevant part, as follows:
Says re: aviation insurance. It is difficult for me to accept and understand why good faith and trust can be abused. When I placed your insurance on your operations and aircraft, it was with confidence in the underwriter with whom I had dealt without problem for over ten years. It is apparent that this trust and confidence was in error. I have just been notified that Louan Chandler and Ivan Kam, the owners of Aviation Insurance Associates, did not place the insurance you paid for. I have received notice from the company that . . . implicates Mr. Kam by his statements, whereby he cancelled and returned all premiums on policies written through the insurance company he was to have used. Obviously this is in direct contradiction to statements he has made up to and including this morning in conversations with me.
I have contacted the insurance commissioner's office and Mr. Kam. Louan has gone to the Mainland with no forwarding address. I have started a formal investigation with the state. I have written and sent a demand letter to Aviation Insurance Associates for your premiums which we have paid on your behalf.
I am going to Honolulu on March the 2nd, 1993 to discuss this situation with other insurance companies to see what can be done. It might cost more for your insurance through them, but you will be assured of coverage.
I understand how you must feel under these circumstances. I too place my insurance through Aviation Insurance Associates. Please call me to discussion options and coverages in the future. At this point you do not have insurance and I suggest you take appropriate steps to protect your operation. Sincerely yours, [James Nottage], sales agent.
(Footnote added.)
Maydwell and Doris received, by mail, a letter signed by James Nottage on the letterhead of Insurance Resources. Doris read it to the jury as follows:
Date is 7/9/93. And the subject is listed surprise, surprise. And then in the message it says; I was, needless to say, more than a little surprised to find the policy delivered here day before yesterday. I thought you might like a copy.
I have sent in the last policy release to cancel the policy and maybe see if we can get money, some money back. I will keep in touch with any new developments.
(Footnote added.) The "policy" mentioned in this letter is Aircraft Policy 921008 which, on November 20, 1992, had been typed by Chandler and signed by Kam. Kam testified that hi
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