Admiral Insurance v. Cresent Hills Apartments

354 F.3d 1301, 2003 U.S. App. LEXIS 25912, 2003 WL 22994449
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 22, 2003
Docket02-13155
StatusPublished
Cited by1 cases

This text of 354 F.3d 1301 (Admiral Insurance v. Cresent Hills Apartments) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Admiral Insurance v. Cresent Hills Apartments, 354 F.3d 1301, 2003 U.S. App. LEXIS 25912, 2003 WL 22994449 (11th Cir. 2003).

Opinions

OWENS, District Judge:

We now revisit this case upon its return from the Supreme Court of Georgia to which this court certified two questions regarding the cancellation of insurance policies under Georgia law. See Admiral Ins. Co. v. Cresent Hills Apts., 328 F.3d 1310 (11th Cir.2003). Although the facts are more fully set forth in this court’s previous opinion, for purposes of this opinion a brief outline of the facts are set forth below.

Admiral Insurance Company issued a commercial property insurance policy covering the Cresent Hills Apartment complex in Atlanta. Admiral eventually decided to cancel the policy after it was reported the apartments were in deplorable condition. An Admiral underwriting assistant prepared an undated cancellation notice for Cresent stating the policy would be cancelled effective November 8, 2000. The notice was to be sent by certified mail. According to an Admiral employee, she taped the envelope containing the notice of cancellation to the outside of the mailbox in the lobby of their office building on October 5, 2000. Attached to the envelope was a note asking the letter carrier to date and sign or postmark the certified mail receipt with the date it was picked up for [1303]*1303delivery. The receipt was returned to Admiral, undated and without a postmark. The notice was delivered to Cre-sent via certified mail on October 11, 2000. A Cresent employee signed the receipt, returned the receipt to Admiral and placed the envelope on the desk of the president and sole shareholder of the corporation that owns Cresent Apartments. The president did not open the envelope until December 29, 2000. In the interim, a fire destroyed five apartment units on December 27. When Cre-sent’s insurance agent, Bauer Agency, Inc., reported the fire to Admiral, Admiral informed Bauer that the insurance policy covering the apartments had been cancelled effective November 8. No notice of cancellation was sent to First Savings Bank, Cresent’s lienholder.

Admiral filed a motion for declaratory judgment in the United States District Court for the Northern District of Georgia, seeking a judicial declaration that Admiral was not obligated to pay Cresent’s claim because Admiral had cancelled the policy. Cresent contended the cancellation was ineffective because it was not in compliance with O.C.G.A. § 33-24-44(b)1 since the lienholder had not been notified and there was no evidence the notice of cancellation had been mailed at least 30 days before the date of the purported cancellation. The district court granted summary judgment in Admiral’s favor finding Admiral had effectively cancelled the policy. Cresent appealed to this court.

On appeal, this court determined that the law was unclear in Georgia whether the means by which Admiral attempted to mail the cancellation of the policy was effective. The court certified two questions to the Supreme Court of Georgia:

1. Did Admiral’s failure to notify the lienholder of the attempted cancellation of Cresent’s policy affect in any way Cre-sent’s right to make a claim under the policy?

2. Did Admiral comply with the requirements of O.C.G.A. § 33~24-44(b) by affixing an envelope containing a notice of policy cancellation to the outside of a United States postal mailbox with a request to the United States Postal Service to receipt for the same and mail it via certified mail to Cresent?

As more thoroughly set out in the Supreme Court of Georgia’s opinion attached herewith, the court answered the second question in the negative and found it unnecessary to answer the first. Because the Supreme Court of Georgia found that Admiral failed to follow the requirements of the statute in its attempt to cancel the policy and thus failed to effectively cancel the policy, the district court’s grant of summary judgment in Admiral’s favor is VACATED and this case is REMANDED for further proceedings.

APPENDIX

BENHAM, Justice.

The United States Court of Appeals for the Eleventh Circuit has certified two questions of Georgia law to this Court pursuant to Georgia constitutional and statutory authorization. 1983 Ga. Const., Art. VI, Sec. VI, Para. IV; OCGA § 15-2-[1304]*13049(a). The questions arise in an appeal from the grant of summary judgment by the United States District Court for the Northern District of Georgia in a declaratory judgment action. We have been asked to determine whether an insurer’s failure to notify the lienholder of an attempted cancellation of a commercial property insurance policy affected the property owner’s right to make a claim under the policy, and whether an insurer complied with OCGA § 33-24-44(b) when its employee affixed an envelope containing a notice of policy cancellation to the outside of a U.S. postal mailbox with a request to the United States Postal Service to issue a receipt for the envelope and mail it via certified mail to the addressee/insured. Admiral Ins. Co. v. Cresent Hills Apts., 328 F.3d 1310 (11th Cir.2003).1

On April 29, 2000, appellee Admiral Insurance issued a commercial property insurance policy covering the Cresent Hills Apartments in Atlanta. About five months later, Admiral decided to cancel the policy after it was reported the apartment complex was in “deplorable” condition. An Admiral underwriting assistant prepared an undated cancellation notice for Cresent stating the policy would be cancelled effective November 8, 2000. The notice was to be sent by certified mail. According to an Admiral employee, she taped the envelope containing the notice to the outside of the mailbox in the lobby of Admiral’s office building on October 5, with a note asking the post office to date and sign or postmark the certified mail receipt with the date it was picked up for delivery. The receipt was returned to Admiral, undated and without a postmark. However, the envelope affixed to the postbox was delivered to Cresent via certified mail on October 11, 2000, and a Cresent employee signed the certified mail return receipt (which was then returned to Admiral) and placed the envelope on the desk of the president and sole shareholder of the corporation that owns Cresent Apartments. The president/sole shareholder did not open the envelope- until December 29, 2000. In the meantime, a fire destroyed five apartment units on December 27, and Cresent’s insurance agency was informed by Admiral’s broker that the insurance policy covering the apartments had been cancelled by Admiral effective November 8. No notice of cancellation was sent to First Savings Bank, a lienholder.

Admiral filed an action for declaratory judgment in the United States District Court for the Northern District of Georgia, seeking a judicial declaration that Admiral was not obligated to pay Cresent’s claim because Admiral had effectively can-celled the policy of insurance.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Admiral Insurance v. Cresent Hills Apartments
354 F.3d 1301 (Eleventh Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
354 F.3d 1301, 2003 U.S. App. LEXIS 25912, 2003 WL 22994449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/admiral-insurance-v-cresent-hills-apartments-ca11-2003.