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Auto-Owners Ins. Co. v. Alexander

The cancellation of the insured's policy for the vehicle her son was driving when he was involved in a collision was improper, since the premium was no longer past due or unpaid when the insurer attempted to end the insurer's coverage.

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Auto-Owners Insurance Company “Auto-Owners” appeals from the grant of summary judgment to the son of its insured, Melanie Alexander, on the issue of automobile insurance coverage. Auto-Owners contends that Alexander’s insurance policy was cancelled for “nonpayment of premium due.” For the reasons that follow, we agree with the trial court and affirm. Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. Allstate Ins. Co. v. Ackley , 227 Ga. App. 104 488 SE2d 85 1997. We review the grant of summary judgment de novo, construing the evidence and all reasonable inferences favorably to the non-movant. Id.

So viewed, the record shows that Melanie Alexander obtained automobile insurance for two vehicles through an Auto-Owners insurance policy. On November 11, 2002, Auto-Owners issued a premium notice to Alexander requiring a $201.83 minimum payment. Although the notice indicated that the premium was due on December 1, 2002, Alexander mailed a check for the minimum amount to Auto-Owners on December 8.

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