Texas Specialty Underwriters, Inc. v. Tanner

997 S.W.2d 645, 1999 Tex. App. LEXIS 1531, 1999 WL 117642
CourtCourt of Appeals of Texas
DecidedMarch 8, 1999
DocketNo. 05-96-01779-CV
StatusPublished
Cited by3 cases

This text of 997 S.W.2d 645 (Texas Specialty Underwriters, Inc. v. Tanner) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Specialty Underwriters, Inc. v. Tanner, 997 S.W.2d 645, 1999 Tex. App. LEXIS 1531, 1999 WL 117642 (Tex. Ct. App. 1999).

Opinion

OPINION

ED KINKEADE, Justice.

This is a summary judgment case. We must decide whether an insurance policy covering a home leased to tenants lapses when an offer to renew the policy is not accepted on or before the expiration date of the original policy.

Relying on Trinity Universal Insurance Company v. Burnette, 560 S.W.2d 440 (Tex.Civ.App. — Beaumont 1977, no writ), the trial court held that the policy automatically renewed on its expiration date because the insurer did not mail the insured a notice of nonrenewal in conformance with the requirements of article 21.49-2B, section 5 of the Texas Insurance Code, and there was no evidence that the insured exercised his option not to renew the policy. We hold that where an insured receives an offer to renew approximately sixty days prior to the expiration of the existing policy, but does not accept it by timely payment of the renewal premium, or any other action that could constitute acceptance, the policy lapses on its expiration date. In these circumstances, the insurer is not required to mail the insured a notice of nonrenewal. Accordingly, we reverse the trial court’s judgment and remand this case for further proceedings consistent with this opinion.

The summary judgment record reveals the following undisputed facts. Texas Specialty Underwriters, Inc. issued an insurance policy to Terry Tanner, the owner of a one-story home that he leased to tenants. The policy went into effect on October 25, 1994 and expired by its terms at 12:01 a.m. on October 25, 1995. The producer for the policy was Ramsey Insurance Agency. On August 10, 1995, Texas Specialty mailed a letter to Ramsey indicating that the policy would expire on October 25,1995 and offered a renewal for an annual premium of $498.51. Ramsey, in turn, wrote to Tanner on August 15, 1995. Ramsey’s letter to Tanner stated:

Your dwelling policy will expire 10-25-95. We are pleased to offer renewal for an annual premium of $498.51. This renewal does not reflect any change in coverage limits. Please advise your renewal instructions below and return to our office. Enclosed you will also find a premium finance agreement, please sign and return with your check or money order payable to Ramsey Insurance Agency. A self-addressed, postage paid return envelope is enclosed for your convenience. In an effort to provide your renewal policy on or before your current expiration date, we ask that you reply no [647]*647later than 10-01-95. Your prompt attention is appreciated.
Thank you for choosing Ramsey Insurance Agency, we look forward to servicing your insurance needs. If you have any questions, or if we can provide additional services, please feel free to contact our office.
Your down payment will be $180.51. Thank you.
Loretta

Tanner admits he received the above letter about sixty days before his current policy was scheduled to expire. He further admits he did not respond to Ramsey’s letter or contact Ramsey about renewing the policy before October 25, 1995. In fact, the summary judgment evidence establishes that Tanner did not contact Ramsey about renewing the insurance policy until after the home burned down on November 3, 1995. Shortly after the fire, Tanner appeared at Ramsey’s office with the $180.51 down payment for the policy renewal. He also informed Ramsey that the house had been destroyed by fire. Ramsey declined to renew the policy. Texas Specialty denied Tanner’s claim for the loss caused by the fire. Tanner responded by filing this lawsuit against Texas Specialty seeking recovery for the loss under the policy.

Tanner moved for summary judgment asserting that the policy renewed upon its expiration as a matter of law because Texas Specialty did not mail him a notice of nonrenewal thirty days in advance of the policy expiration date, and Tanner never requested that the policy not be renewed. Texas Specialty opposed the summary judgment motion contending that the insurance policy did not automatically renew on its expiration date. The trial court granted summary judgment in Tanner’s favor. Texas Specialty appeals that judgment.

The insurance policy was not part of the summary judgment evidence. Only the declaration page of the policy is contained in the appellate record. It indicates the effective dates of the policy were from October 25, 1994 to October 25, 1995. We do not know what the insurance policy provided in terms of renewal or nonrenewal. Therefore, the sole issue to be addressed in this appeal is the applicability of the nonrenewal notice provision in article 21.49-2B, section 5 of the Texas Insurance Code to the facts of this case.

Section 5 provides:

Nonrenewal of policies; notice required
An insurer shall renew a policy on its expiration, at the option of the insured, unless the insurer has mailed written notice of nonrenewal to the insured not later than the 30th day before the date on which the policy expires.

Tex. Ins.Code Ann. art. 21.49-2B, § 5 (Vernon Supp.1999). Tanner contends, and the trial court agreed, that the above provision automatically renews an insurance policy on its expiration date unless (1) the insurer sends the insured the requisite notice of nonrenewal or (2) the insured exercises his option not to renew the policy. In support of this position, both Tanner and the trial court rely heavily on Burnette. Although Burnette was decided prior to the enactment of article 21.49-2B, the case involved an insurance policy provision and a State Board of Insurance regulation almost identical to that of section 5. See id. at 441 nn.l & 2. For the reasons that follow, we do not find Burnette persuasive or controlling in this case.

In Burnette, the insurer incorrectly thought that Burnette’s home insurance policy had been renewed. Id. at 441-42. After Burnette’s home was destroyed by fire, the mistake was apparently discovered and the insurer declined coverage. Id. In addressing the coverage issue, the court summarily assumed, without analysis, that the policy automatically renewed at expiration, stating that under the policy provision and the regulation, the only ways the policy could not be renewed were at Bur-nette’s option or upon thirty days’ notice by the insurer. Id. at 442. Finding that neither alternative was applicable in the [648]*648circumstances presented, the court concluded that the insurer renewed the policy as a matter of law. However, in so concluding, the court specifically noted that it did not reach the question of Burnette’s failure to pay premiums on the renewal policy because no party had raised that issue. Id. at n. 3. This case involves the precise issue not reached by the court in Burnette — namely, the insured’s failure to pay renewal premiums when due. Because Burnette is distinguishable on its facts, we conclude it is inapplicable to this case.

Tanner has not cited any other case, nor have we found one, that specifically addresses the meaning or purpose of section 5. We therefore look to the statute to determine its applicability to the facts presented. When analyzing a statute, we determine the legislative intent and liberally construe the statute to achieve that purpose and promote justice. See City of Dallas v. Cornerstone Bank, N.A.,

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997 S.W.2d 645, 1999 Tex. App. LEXIS 1531, 1999 WL 117642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-specialty-underwriters-inc-v-tanner-texapp-1999.