Summary judgment ok where policy expired before loss
The Gibsons were told by their insurance company that their homeowner's policy would not be renewed when it expired on March 28; the Gibsons contacted their agent and thought they had insurance because they had taken down an above ground pool. But the Gibsons did not pay any premium and heard nothing from the insurance company. When they had a loss about a month after the policy expired, the insurance company denied it, saying there was no insurance in effect at the time of the loss. The trial court granted summary judgment to the insurance company and the Court of Civil Appeals affirmed.
The Gibsons were given proper notice of non renewal; and they did not pay any premiums. The agent's statements could not bind the insurance company to cover a risk it had declined. There was no policy in effect at the time of the loss and summary judgment was proper.
Gibson v. The Automobile Insurance Company, 2011 OK CIV APP 16
