Graham v. Insurance Co. of North America

562 F. Supp. 134
U.S. Circuit Court for the District of Virginia·Decided March 7, 1983·No. Civ. No. 192/82·Published

Opinion

MEMORANDUM OPINION

O’BRIEN, District Judge.

The Court is called on in this case to determine as a matter of law when a carrier’s obligation to provide insurance coverage commences under the Assigned Risk Plan adopted in conjunction with the Compulsory Automobile Liability Insurance Law of the Virgin Islands, (20 V.I.C. § 701 et seq.). Initially, the Court must determine whether the “producer of record”, who processes the insurance application, is an agent for the insurance carrier capable of altering the carrier’s obligations under the Assigned Risk Plan.

I. FACTS

Compulsory insurance became a reality in the Virgin Islands in 1976 when 20 V.I.C. §§ 701 et seq. became effective. As is usually the case, provision was made for those motor vehicle owners who could not obtain insurance through regular channels. This was by means of an “Assigned Risk Plan” (“the plan”) adopted by the V.I. Commissioner of Insurance in cooperation with the insurance companies, pursuant to 20 V.I.C. § 711. The plan became effective on February 1, 1976.1

The plan provided for the distribution of the policies among those companies writing automobile insurance in the Virgin Islands and it fixed the earliest effective date for any coverage under the plan. The earliest effective date for coverage of an applicant was to be 12:01 a.m. of the day following the date the application for coverage was mailed to the plan office.2

Ovaldo Graham, the plaintiff, (“Graham”), went to the offices of Young-Clark Insurance, .Ltd. (“Young-Clark”) in Christiansted, St. Croix late in the afternoon of September 5,1978. He supplied the necessary information for completion of the application for motor vehicle insurance coverage under the plan. Plaintiff’s Exhibit F. He signed the application just below the language which stated that he understood that Young-Clark “is not acting as an agent of any company for the purpose of this insurance and has no authority to bind such insurance.” Graham was then given a green-colored Certificate of Insurance which is duplicated below.

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Graham v. Insurance Co. of North America, 562 F. Supp. 134 (circtdva 1983).

562 F. Supp. 134 (Graham v. Insurance Co. of North America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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