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.
No comments:
Post a Comment