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Reynolds v. Infinity Gen. Ins. Co. f/n/a Coventry Ins. Co.

An insurer's notice of cancellation is not ineffective simply because the notice provides an opportunity for the insured to keep the policy in force by paying the past-due premium within the statutory 10-day period.

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This case is before the Court on a certified question from the United States Court of Appeals for the Eleventh Circuit in litigation involving the effectiveness of a notice of cancellation of a commercial automobile insurance policy.1 Infinity General Ins. Co. v. Reynolds, 570 F.3d 1228 11th Cir. 2009. The question certified is: Is a notice of cancellation, properly given after the premium is past due, ineffective because it provides an opportunity for the insured to keep the policy in force by paying the past-due premium within the statutory ten-day period We answer the question in the negative. BACKGROUND

The facts as set forth by the Eleventh Circuit are the following. On June 5, 2006, Russell Graham purchased a commercial automobile insurance policy from Infinity General Insurance Company, formerly known as Coventry Insurance Company “Infinity”. While operating the insured vehicle on August 2, 2006, Graham’s son was involved in a collision, which took the lives of his two passengers, Joey Lee Reynolds and Dustin Edward Lloyd. Infinity filed a declaratory judgment and/or interpleader action, claiming that a July 10, 2006 “CANCELLATION NOTICE” sent to the insured was effective, and therefore, that the policy was not in force at the time of the collision; the defendants in this action included Graham and the estates and widows of the two decedents.2

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