Beckner v. Cadillac Insurance
Beckner v. Cadillac Insurance
Opinion of the Court
On January 15, 1986, defendant, Cadillac Insurance Company, issued an automobile insurance policy to Russell Beckner covering a 1974 Chevrolet. In a letter to defendant, dated March 27,1986, plaintiff stated as follows:
Sir, Please cancel this policy. And send my rebate for Policy 446098 Exp 7/15/86 to 1177 Wisner Mt. Morris Mich 48458.
Thank you,
Russell H. Beckner_
By statute, insurance policies may be cancelled at any time at the request of the insured.
This policy may be cancelled by the named insured by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective.
Plaintiff contends that, since the letter requesting cancellation failed to state "when thereafter the cancellation [would] be effective,” it was not
Generally, strict compliance with the policy provisions is necessary as regards termination of an insurance contract.
The method of cancellation provided for in an insurance policy is not necessarily exclusive so as to preclude an effective cancellation of the policy by mutual agreement without compliance with the procedure so provided. Thus, it is well established that a policy of insurance may be canceled at any time before loss, by an agreement between the parties, and that such cancellation may be by the consent of the parties, express or implied from the circumstances, independently of the terms of the policy. On the other hand, it is equally true that in the absence of fraud or misrepresentation, neither party to an insurance contract can withdraw therefrom, or cancel it without the consent, express or implied, of the other.
Thus, in spite of noncompliance with relevant provisions of the insurance contract, mutual agreement or consent may effect cancellation.
We find the reasoning of this Court in Blekkenk persuasive and applicable, by analogy, here. In Blekkenk, the insured attempted to orally cancel
By the same token, we believe the requirement in defendant’s policy that an insured’s notice of cancellation state when it is to become effective contravenes and must give way to MCL 500.3020(l)(a); MSA 24.13020(l)(a). Plaintiff’s request for notice of cancellation was in accord with the statute, plaintiff intended to cancel, and defendant accepted that cancellation. Accordingly, the cancellation was effective under Blekkenk.
The trial court’s decision to grant a declaratory judgment in favor of plaintiff was in error, as was its denial of defendant’s motion for summary disposition. As a matter of law, plaintiff was without coverage at the time of the accident, and defendant was entitled to summary disposition pursuant to MCR 2.116(0(10).
Reversed.
Russell Beckner himself did not write the letter. His mother, plaintiff LaReva A. Beckner, wrote it. However, it is undisputed that Russell Beckner authorized his mother to write the letter on his behalf.
MCL 500.3020(l)(a); MSA 24.13020(l)(a).
Blekkenk v Allstate Ins Co, 152 Mich App 65, 72; 393 NW2d 883 (1986).
Supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.