HomeMy WebLinkAbout2091 May 23, 1972, the Defendant through its agent forwarded to the
Plaint~f an endorsement dated May 16, 1972. This endorsement, in
consideration of an additional premium of $199.00, extended the
policy from January 1, 1972, to January 31, 1972. The en~orsemsnt
specifically provided that "the extension of coverage hereunder
afforded shall I~e null and void unless the premium charged shall be
paid within 30 days from the date this endorsement was issued."
With the endorsement, the defendant enclosed its invoice in the
amount of $199.00 and requested payment. The cover letter specifically
stated: "Please note the wording of the endorsement as issued by the
Insurance Company that the premium must be paid within 30 days from
the date endorsement was issued, which was May 16, 1972, or else _
the coverage shall become null and void." The Plaintiff did not and
has never remitte~ the $I99.0~ premium to the Defendant. On August 28,
1972, the Defendant's agent wrote to the Plaintiff, enclosing a second
endorsement to the policy, declaring: "In consideration of the above
return gremium it is agreed that endarsement No. 1 is null and void
I and all coverage hereunder ceases effective at 12:02 A.M., January 1, ~
` 1972." In the covering lstter, Defendant`s agent stated, "Since this
premium was not received, the coverage ceases as of January 1, ~1972,
in accordance with the terms of the endorsement..... Please remember
that therefore the coverage ceased to be in force as of 12:01 A.M.,
January l, 1972." Thereafter, there was no further communication
between the Plaintiff and the Defendant until February of 1974. On
or about the 20th of that month, the Plaintiff was sued in a civil
action alleging medical malpractice on his part during the Month af
January 1972. Shortly thereaf~er, Plaintiff's attorney contacted
the Defendant requesting that it assume the defense of this malpractice
suit against Dr. Sullivan. Defendant's agent, by letter dated March 8~
1974, to Plaintiff's attorney, declined to accept this defense upon
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