 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Talmadge v. OneBeacon America Insurance9/13/2005
Susan Talmadge appeals a summary judgment order denying her coverage under her OneBeacon America Insurance policy for injuries she sustained in an auto accident. The trial court ruled that OneBeacon had properly canceled the policy before the accident date because Talmadge had stopped making payments. We affirm.
FACTS
I. Application for Insurance
In September 2000, Talmadge applied for auto insurance through Fred Kempe of Insurance Services Group, Inc., one of OneBeacon's appointed agents. At the time, Talmadge lived on 14th Avenue in Seattle, which was the address she put on her insurance application. The six-month premium on the application was $514.50; Talmadge paid a $172 deposit on that premium.
On October 24, 2000, OneBeacon sent a copy of the policy to Kempe, who delivered it to Talmadge with a letter, the policy declaration, and insurance cards. The policy period was September 8, 2000, to September 8, 2001, with a total policy premium of $1,169. The policy included uninsured motorist liability (UIM) and personal injury protection (PIP) benefits. The payment plan was listed as 'DIRECT BILLED,' and the declaration explained, 'A bill for your premium is being sent to you separately advising you of the minimum payment due and the premium due date.' Clerk's Papers (CP) at 16.
II. Moves in Seattle and Longview
In November 2000, Talmadge moved from 14th Avenue to 15th Avenue in Seattle. She arranged to forward her mail through the post office; although she claims she never told OneBeacon of the move, she admits that she received bills at the 15th Avenue address.
OneBeacon claims that Talmadge did inform it of her new address, evidenced by a revised policy declaration bearing her address at 15th Avenue, effective December 2000. At her deposition, Talmadge surmised that OneBeacon probably got her 15th Avenue address from her premium payment checks. Regardless, she claims she never received the revised policy declaration.
Talmadge lived on 15th Avenue until June 2001, when she moved to Longview. Once in Longview, she lived with Ron Chancellor at his apartment for about a month until they moved to 10th Avenue in Longview. She did not inform OneBeacon of either of these address changes. Again, Talmadge claims she arranged for mail forwarding through the post office; she began receiving her bills at the 10th Avenue Longview address.
III. Late Payments and Cancellation of Policy
On April 18, 2001, OneBeacon sent a regular monthly installment bill to Talmadge for $406.51 to pay off the policy or a minimum payment of $104.62 due by May 8, 2001. On May 18, 2001, OneBeacon received a $104.62 payment. David Coffey, manager for direct bill operations at OneBeacon, explained that although payment was late, OneBeacon allowed a 10-day grace period; so they did not send Talmadge a pre-cancel warning letter for that payment.
Also on May 18, 2001, OneBeacon sent Talmadge a 'regular installment bill' due June 7, 2001, for $304.89 or a minimum of $104.63. CP at 160. No payment was received within 10 days of June 7. And on June 18, 2001, OneBeacon sent Talmadge a pre-warning bill due June 28, 2001, for $209.26. This bill accounted for the amount due on June 7, and the amount coming due on July 8.
OneBeacon received payment from Talmadge for $104.63 on June 21, which OneBeacon applied to the May 18, 2001 bill due on June 7, 2001. Talmadge did not make the July 8, 2001 payment; then on July 18, 2001, OneBeacon issued a cancellation notice, effective August 6, 2001, for non-payment of premium.
OneBeacon sent this cancellation notice to the 15th Avenue
Page 1 2 3 4 5 6 7 8 9 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|