Trial court grants summary judgment finding that insurer properly cancelled policy prior to loss

Nikki Cannezzaro and Suzanne Bruss recently obtained summary judgment from the Jackson County Circuit Court in Clark v. Progressive Preferred Ins. Co., Case No. 0816-CV25979. In Clark, plaintiff filed suit against the insurer, claiming the insurer breach its contract by failing to defend or indemnify the insured. In defense of plaintiff's claims, a summary judgment motion was filed asserting that the contract/policy upon which plaintiff relied was effectively cancelled by the insurer prior to the loss based upon the plaintiff's failure to make premium payments. Plaintiff challenged the dismissal, arguing that the insurer failed to give proper timely notice of the cancellation. After fully briefing the issues and hearing arguments on the motion, the trial court entered summary judgment in favor of the insurer, finding that the cancellation was effective prior to the date of the subject loss and, therefore, the insurer had no obligation to defend or indemnify plaintiff.