the structure and effect of the agreement under which insurance premiums are paid automatically by transferring the insurer to the insured`s bank account, 45 R.L.T.3d 1349. the reasons for the termination or cancellation of the repurchase agreement or the recovery of the property transferred or the sums paid, 131 A.L.R. 424. construction of an express insurance policy limiting the right of the insurer, to terminate or otherwise terminate the coverage, 19 A.L.R.3d 1429. The termination of home insurance, non-renewal and confiscation of the policy are different forms of termination and each has its own consequences. This guide explains exactly why your insurance company may have cancelled your coverage, what that means, and how it affects a policyholder. Policyholders who waive their home insurance may also have difficulty obtaining a policy from a new insurer. Although they usually don`t have the difficulties that others might have, such as those whose policy has been cancelled. If you let your home insurance expire, call your agent or company as soon as possible and see if you can put it back in place. O.C.G.A. § 33-24-44 applies only to the termination of an insurance policy. It does not apply if an insurer refuses to cover itself, nor does the law apply when a file expires.
Marchel v. Georgia Mut. Ins. Co., 188 Ga. App. 604, 373 S.E.2d 787, cert. denied, 188 Ga. App. 912, 373 S.E.2d 787 (1988). the interpretation, application and effect of the clause that liability insurance may be terminated by the insured by sending the insurer written notice indicating when such termination will take effect thereafter, 11 A.L.R.4th 456.
– The introduction of evidence that the notice of termination was never received raises a question of fact as to whether the notice was sent by mail. Bituminous Cas. Co. v. Renfroe, 130 Ga. App. 621, 204 S.E.2d 317 (1974). The legal requirements set out in this section are as follows: (1) the policy must provide for termination in accordance with the terms of the policy; (2) A postal receipt shall be obtained; (3) it must be “sent at least by first-class mail to the last registered address of the insured”; and (4) the evidence provided must demonstrate that the envelope sent contained the statutory notice of withdrawal. Bituminous Cas.
Co. v. Renfroe, 130 Ga. App. 621, 204 P.E.2d 317 (1974). For example, a business may not allow a customer to renew their policy because a high number of claims are filed during an insurance period. This may not seem fair – after all, customers pay premiums so they can make a claim if they have to – but insurance companies can`t afford to pay too much in global claims. If a policyholder files a large number of claims and the company feels it could lose too much money over time, non-renewal can result. Cancellation of compulsory car insurance or “financial liability”, 44 R.L.4e 13. – The notice of termination sent to the insured is of no effect to the bank as a lien holder, and the insurance company remains liable to the bank.
South Carolina Ins. Co. v. Glennville Bank, 111 Ga. 174, 141 p.E.2d 168 (1965). – The insurer`s failure to comply strictly with the requirements of paragraph (b) was not excused if there was undisputed evidence that the insured had not been notified at least 30 days before the cancellation date indicated. Trammell Crowe Constr. Rumph, 198 Ga. App. 754, 403 S.E.2d 72 (1991). In most states, companies are required by law to notify the policyholder in writing at least 30 days before termination.
Whether you intend to fight your cancellation or not, you should use this time to look for home insurance for new homeowners – you don`t want there to be a gap in coverage. The insurer`s intention to terminate the insurance did not meet the requirements for termination of the insurance because the notice never clearly stated that the auto insurance policy would have been terminated for non-payment of premiums, the notice did not clearly indicate that the premiums were overdue, and the notice also stated that it was a “notice of invoice”. Southern Pilot Ins. Co. v. CECS, Inc., 15 F. Supp.3d 1329 (ND Ga. 2013). – The termination of workers` compensation insurance under article 33-24-44 (b) of the O.C.G.A. and a state workers` compensation rule, regardless of the other circumstances related to the cancellation, does not automatically entitle an employee compensation insurer to appeal a claim that the termination was not effective or enforceable. Travelers Ins.
Co. v. Adkins, 200 Ga. App. 278, 407 p.E.2d 775 (1991). Regardless of when it was generated, pursuant to Article 33-24-45(d) of the O. C.G.A., the termination of an automobile insurer could only take effect on the date of shipment on which the insurer received a payment that satisfied the outstanding balance of the insured. Consequently, the cancellation for non-payment was inadmissible according to the O.C.G.A.
§ 33-24-44. Auto-besitz Ins. Co. v. Alexander, 293 Ga. App. 459, 667 S.E.2d 628 (2008). The cancellation of the insurance policy did not have effect under section 33-24-44(b) of the O.C.G.A. because the insurer did not provide legally admissible evidence that the notice had been sent to the insured at least 30 days before the termination date indicated in the notice. Cresent Hill Apts. v Admiral Ins. Co., 277 Ga.
396, 589 S.E.2d 96 (2003). – If the written termination of a policy had not been effective before the occurrence of the property damage, an effective termination could not have resulted in an early termination and the policy was still in force at the time of the loss. The courage of Pennsylvania Miller. Ins. Co. v Employers` Fire Ins. Co., 118 Ga. App. 655, 165 S.E.2d 309 (1968).
The lessor of motor vehicles had the right to terminate the policy in advance as a “pledgeholder” in accordance with paragraph (d) of the O.C.G.A. § 33-24-44. Metropolitan Prop. & Cas. Ins. Co. v. Zeller, 246 Ga. App. 637, 541 S.E.2d 433 (2000).
Two methods set out in this section to justify effective termination are mandatory and, if used by the insurance company, the wording of this section must be interpreted strictly; However, the methods adopted by the general meeting are intended to ensure the effective cancellation of an insured person, and once this notification is received, the objective of this section is achieved. Travelers Indem. Co. v. Guess, 243 Ga. 559, 255 S.E.2d 55 (1979). If the terms of an insurance policy required more than shipping, the policy was not cancelled if the notice had not been received by the insured. Powell v. Lititz Mut.
Ins. Co., 419 F.2d 62 (5th Cir. 1969). – The prior acceptance by the insurer of late payment premiums, combined with the fact that the insurer has not notified the insurer`s intention to insist on timely payment in accordance with the initial contractual terms of a health insurance policy, legally excludes the introduction of an “automatic termination” against an action against the policy. If, as a result of this history of late payment, there is no “automatic termination” of the policy, the jury is entitled to consider whether the insurer has effectively terminated the policy at any time by notifying the insured. General Am. Life Ins. Co. v. Proben, 167 Ga.
App. 622, 307 S.E.2d 51 (1983). If your home insurance policy is abandoned or you can`t afford one, the Georgia Insurance Bureau recommends the Fair Access to Insurance Requirements, or FAIR Plan, offered by the Georgia Underwriters Insurance Association. The FAIR plan comes into play and helps low-income, non-insurable homeowners when traditional insurers cannot, whether through a limited coverage plan or a fire and extended safety policy. Termination of life insurance in case of non-payment of loan, 126 A.L.R. 102. Materiality of misrepresentation in the application for insurance, if the applicant consulted physicians, 131 A.L.R. 617. The prerequisite for cancellation is that premiums that are not excessive are offered on time. Georgia courage. Ins.
Co. v. Fraser, 152 Ga. App. 866, 264 S.E.2d 315 (1980). Fair jurisdiction for termination of insurance policy under indisputable clause before expiry of time limit, 111 A.L.R. 1275. Receipt of the cheque for the insurance premium to avoid forfeiture in the event of non-payment, 50 A.L.R.2d 630. Recourse and Assessment of Damages in the Event of Wrongful Termination of Life, Health and Accident Insurance, 34 R.L.T.3d 245.
Unpaid interest to a person to whom the loss is payable as a ground for forfeiture under the insurance policy in respect of the title or charges, 65 A.L.R. 913. Paragraph c) is mandatory, and if the unearned bonus is not refunded within 15 days, the cancellation attempt becomes ineffective. Chicago Ins. Co. v. Camors, 296 F. Supp. 1335 (N.D. Ga. 1969), aff`d, 420 F.2d 376 (5th Cir. 1970).
effect of attempting to terminate the insurance or fiduciary contract with a shorter notice than that contractually agreed, 96 A.L.R.2d 286. The offer of unearned rewards is not a necessary condition for cancellation. International Serv. Ins. Co. v Consolidated Underwriters, 125 Ga. App. 786, 189 S.E.2D 123 (1972). – For the article on insurance business in Georgia from June 1979 to May 1980, see 32 Mercer L. Rev. 79 (1980).
For an annual overview of insurance law, see 35 Mercer L. 177 (1983). For the article “Insurance,” see 53 Mercer L. Rev. 281 (2001). For an annual overview of insurance law, see 58 Mercer L. Rev. 181 (2006). For an annual overview of insurance law, see 62 Mercer L.
Rev. 139 (2010). For a comment on Life Ins. Co. v. Bartlett, 37 Ga. App. 22, 138 p.E.
589 (1927), see 1 Ga.