Govern. Emp. Ins. v. Concord Gen. Mut. Ins.

458 A.2d 1205
CourtSupreme Judicial Court of Maine
DecidedApril 14, 1983
StatusPublished
Cited by1 cases

This text of 458 A.2d 1205 (Govern. Emp. Ins. v. Concord Gen. Mut. Ins.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Govern. Emp. Ins. v. Concord Gen. Mut. Ins., 458 A.2d 1205 (Me. 1983).

Opinion

458 A.2d 1205 (1983)

GOVERNMENT EMPLOYEES INSURANCE COMPANY
v.
CONCORD GENERAL MUTUAL INSURANCE COMPANY et al.

Supreme Judicial Court of Maine.

Argued November 4, 1982.
Decided April 14, 1983.

*1207 Hunt, Thompson & Bowie, James M. Bowie (orally), Portland, for plaintiff.

Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Phillip E. Johnson (orally), Augusta, for A. Rice.

Jack L. Schwartz, Portland, for R. Bruce.

Daviau, Jabar & Batten, John P. Jabar, Waterville, for R. Doyon.

Before GODFREY, NICHOLS, ROBERTS, CARTER and VIOLETTE, JJ.

NICHOLS, Justice.

Government Employees Insurance Company (GEICO), Plaintiff in this action for a declaratory judgment, appeals from an order of the Superior Court (Androscoggin County) entered on April 23, 1982, requiring GEICO to defend and indemnify the Defendant, Robert L. Ifill, from any claims arising from a one-car accident that occurred March 3, 1974, on Route 9, in Randolph. GEICO contends that the automobile liability policy that it issued to Ifill and certified to the Secretary of State in conformity with the financial responsibility law, 29 M.R.S.A. §§ 781-787 (1978 & Supp. 1982-1983), was, on the date of the accident, no longer in effect and, moreover, did not extend coverage to the vehicle Ifill was then driving.

We affirm the order of the Superior Court.

This case turns on the question of whether an insurer can cancel a policy of automobile liability insurance that has been certified to the Secretary of State as proof of financial responsibility under 29 M.R.S.A. § 787(2)[1] without complying with any of the methods of cancellation set forth in the financial responsibility law.

The stipulation of facts filed by the parties in Superior Court reveals that as a result of an accident which occurred on August 27, 1966, Ifill had been required by the Secretary of State to show proof of financial responsibility in order to retain his operator's license. Ifill elected to show that proof by obtaining a policy of liability insurance from GEICO.

Early in 1971 Ifill paid GEICO a premium for a one-year motor vehicle liability policy. In compliance with the requirement that Ifill show proof of financial responsibility, GEICO filed the appropriate form with the Secretary of State certifying that it had issued Ifill a motor vehicle liability policy complying with our financial responsibility law. The form was a nationally promulgated AAMVA Uniform Financial Responsibility Form designated SR-22. Upon this form GEICO certified that the coverage was effective from June 29, 1971 and would continue "until cancelled or terminated in *1208 accordance with the financial responsibility laws and regulations of this State." Upon this form GEICO further represented that its insurance policy thereby certified was an "OWNER'S POLICY: Applicable to (a) the following described vehicle(s), [a 1971 Dodge], (b) any replacement(s) thereof by similar classification ...."

At the expiration of GEICO's one year policy early in 1972 Ifill failed to renew the policy and at no point paid GEICO any further premiums. As a result of this failure to renew, GEICO cancelled Ifill's policy and sent Ifill a notice of cancellation. GEICO, however, gave the Secretary of State no notice whatsoever that it had cancelled Ifill's insurance coverage.

The Maine financial responsibility law provides three methods by which an insurer may terminate its certification of coverage. First, the insurer may specify an expiration date for the motor vehicle liability policy on the certificate submitted to the Secretary of State. 29 M.R.S.A. § 781(1)(A).[2] The Form SR-22 that GEICO submitted on behalf of Ifill did not contain an expiration date. Second, the insurer may file notice of cancellation of insurance with the Secretary of State. 29 M.R.S.A. § 787(6).[3] Although there is another uniform form designated SR-26 available for such cancellation, GEICO failed to submit an SR-26 notifying the Secretary of State of its cancellation of Ifill's policy. Last, an insurer's certification may be cancelled by the subsequent filing of a substitute SR-22 certificate. 29 M.R. S.A. § 787(6). By none of the three methods did Ifill's insurer notify the Secretary of State.

Following cancellation of the GEICO policy, Ifill replaced his 1971 Dodge truck with a 1969 Ford pickup truck and obtained a one-year liability policy covering the pickup truck until June 30, 1974 from the Defendant, Concord General Mutual Insurance Company (Concord). Within this policy period Ifill replaced the 1969 Ford truck with a 1967 Ford F-500 six-wheel truck, and in turn replaced this truck with a 1969 Ford Mustang. It was this Ford Mustang that was being operated on March 3, 1974, when the accident occurred which gave rise to this litigation.

GEICO contends that the Superior Court erred in holding that GEICO's failure to file notice of cancellation with the Secretary of State extended its coverage until the time of the accident. We do not agree. The relevant language of our financial responsibility law is clear:

Where no expiration date is specified in the certificate, the policy or bond shall be deemed, for purposes of this subchapter, to continue in effect until it is canceled or superseded in accordance with section 787, subsection 6.

29 M.R.S.A. § 781(1)(A). By operation of law this language is incorporated into all insurance policies that are subject to our *1209 financial responsibility law. Concord General Mutual Insurance Company v. McLain, 270 A.2d 362, 365 (Me.1970). See Wescott v. Allstate Insurance, 397 A.2d 156, 166 (Me.1979).[4]

In accord with the majority of courts that have considered this issue, we conclude that where a statute provides a mandatory method for cancelling an insurance policy that has been certified under the financial responsibility law, and an insurer fails to comply with the statutory method of cancellation, the insurer is precluded from asserting that the policy has been cancelled. See, e.g., Oregon Automobile Insurance Company v. Thorbeck, 283 Or. 271, 275, 583 P.2d 543, 545 (1978); Vrabel v. Scholler, 372 Pa. 578, 583, 94 A.2d 748, 750 (1953); United States Fidelity & Guaranty Company v. Security Fire and Indemnity Company, 248 S.C. 307, 315, 149 S.E.2d 647, 651 (1966); Government Employees Insurance Company v. Mizell, 36 A.D.2d 452, 455, 320 N.Y.S.2d 936, 939 (N.Y.App.Div. 1971); Lang v. Kurtz, 100 Wis.2d 40, 47, 301 N.W.2d 262, 266 (Wis.Ct.App.1980). See generally Annot., 34 A.L.R.2d 1297 (1954).

GEICO acknowledges that the Form SR-22 that it submitted to the Secretary of State did not contain an expiration date and that no Form SR-26, Notice of Cancellation, was ever transmitted to the Secretary of State.

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458 A.2d 1205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/govern-emp-ins-v-concord-gen-mut-ins-me-1983.