Northland Insurance v. Walls

436 A.2d 61, 291 Md. 604, 1981 Md. LEXIS 288
Court of Appeals of Maryland·Decided October 27, 1981·No. No. 4·Published·Cited by 5 cases

Opinion

Digges, J.,

delivered the opinion of the Court.

This declaratory judgment case presents a question of when an insurance policy, purchased with funds borrowed from an insurance premium finance company, and thus controlled by the provisions of the Maryland Code regulating insurance premium finance agreements, Md. Code (1957, 1979 Repl. Vol. & 1981 Cum. Supp.), Art. 48A, §§ 486A-486G, is effectively cancelled under the provisions of that enactment. Although both the facts and statute involved are somewhat vapid, their recitation is important to an understanding of the issues presented and our resolution of them.

Respondent, H. David Walls, the owner of a trucking company bearing his name, purchased in November, 1976, insurance for his fleet of vehicles from petitioner Northland Insurance Company through its agent, Hardester Corporation. The full amount necessary to purchase yearly insurance coverage from Northland was advanced to the insurer on behalf of Walls by Tifco, Inc., an insurance premium finance company. The reimbursement agreement between Walls and Tifco, the terms of which the insurer was made aware, provided that respondent, after making a substantial [606] down payment to the finance company, would pay the balance due it in nine monthly installments.1 The finance agreement provided further that in the event of a default in any of the payment obligations of the trucking company, Tifco was named as "attomey-in-fact” with authority to cancel the insurance policy. There is no dispute that Walls fulfilled his first two installment obligations but failed to make the February, 1977, payment when it became due. The parties also agree that in response to this delinquency, Tifco notified Walls that "if payment is not received by March 5, 1977, we must request cancellation of your insurance coverage.” Although the message was subsequently repeated, the finance company heard nothing following these initial communications. Consequently, Tifco, having given the statutorily required ten days notice to the insured, § 486F (b), (c) of Art. 48A, mailed to Northland, with a copy to Walls, a "Notice of Cancellation” designating its effective date to be March 18,1977. There was no further communication between these principal actors until the following month when respondent forwarded to the finance company $493.03 representing one installment payment plus a $5.00 late charge. Upon receipt of these funds, Tifco promptly informed Walls by letter that the payment had no effect on the previous cancellation of his insurance policy but that it would be applied to reduce the remaining balance owed on his account. Walls made no further payments to Tifco.

The event which directly triggered this declaratory judgment action over insurance coverage occurred three months following the purported March 18 cancellation when one of respondent’s trucks collided with another vehicle on Route 50 in Talbot County in mid June. Walls was joined as a defendant in a personal injury suit arising out of that accident. Insisting that the policy remained in effect, respondent notified Northland of the claim and requested that the insurance company defend the suit and pay any judgment within the bounds of the policy. In rejecting this asserted coverage, [607] the insurer stated that, since the policy involved had been effectively cancelled before the accident, Northland had no obligation either to defend him in the action or to pay any judgment arising out of it. Faced with this rebuff, Walls employed an attorney to represent him in the tort suit. After successfully defeating the action arising out of the accident, the respondent, claiming invalidity of the purported cancellation, seeks in this case, filed in the Circuit Court for Caroline County, reimbursement for those expenses which would normally be assumed by Northland under its policy. Walls stated in the circuit court, as he has on appeal, that any one of several violations by Northland of various statutory or contractual provisions rendered ineffective the purported March 18 termination of his insurance coverage. The trial judge agreed, and entered a decree principally declaring "that ... Northland Insurance Company is obligated to reimburse ... H. David Walls for all of the expenses that he has incurred, including reasonable attorney’s fees, in furnishing his own defense in [the tort suit] and in bringing this action...”. Petitioner appealed to the Court of Special Appeals where the judgment was affirmed. This Court granted certiorari, and, as we disagree with the holdings of both courts, we will reverse. Additional facts will be presented as needed when discussing each of respondent’s arguments. Moreover, while we quote later in the text relevant portions of section 486F of the premium finance agreement statute when addressing the various issues presented, we set forth in the margin its provisions in full so that the reader may appreciate the composite impact of the section.2

[608] i

While recognizing that Tifco gave the ten day cancellation notice to the insured required by part (b) of section 486F **3, Walls contends that Northland is nevertheless bound by a separate, contractual obligation contained in its policy to provide the insured with an additional termination notice. Because the insurance company itself did not provide Walls with such a direct notice of cancellation, the argument goes, the policy was not effectively terminated at the time of the accident. Respondent, in support of his claim, points to the language of his insurance policy which reads:

[609] [I]f the named insured fails to discharge when due any of his obligations in connection with the payment of premium for this policy or any installment thereof, whether payable directly to the company or its agent or indirectly under any premium finance plan or extension of credit, this policy may be cancelled by the company by mailing to the named insured ... written notice stating when not less than ten days thereafter such cancellation shall be effective.

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Northland Insurance v. Walls, 436 A.2d 61, 291 Md. 604, 1981 Md. LEXIS 288 (Md. 1981).

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