Wednesday, May 15, 2013

Termination of an insurance policy | Atlanta DUI lawyer

An insurance policy is terminated either by nonrenewal by the insurer or by cancellation, whether effected by the insurer or the insured. Nonrenewal occurs when the insured or the insured does not wish to renew the policy after its stated date of expiration, cancellation occurs while these parties generally the insurer, which is determined at the contract of insurance before it is to expire under its own terms. When the insurer cancels an automobile policy it must tread carefully to avoid the myriad pitfalls created by the statutory scheme of OCGA section 33-24-44. The cancellation notice must be in writing pursuant to OCGA section 33-24-44b, be unequivocal, i.e., the notice of cancellation must only state a desire or intention to cancel, it may not be a demand for payment for that it is deemed equivocal, and thus, not a proper notice of cancellation. Further, the notice must state that it is the intention of the Company that the policy shall cease to be binding from the expiration of the stipulated number of days following the time when its intention is made known to the insured. It is also insufficient to tell the insured that the policy will be canceled unless premiums are paid by a certain date. This is simply a demand for payment.Contact an Atlanta DUI lawyer to help you with your case today.

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