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Ward v. Federal Kemper Insurance Company

Court of Special Appeals of Maryland
489 A.2d 91 (1985)


Facts

Federal Kemper Insurance Company (Federal Kemper) (defendant) issued an automobile-insurance policy to Aaron Ward (plaintiff). Ward paid the premium in full. When Ward changed vehicles, Federal Kemper sent Ward a refund of overpaid premium in the form of a check for $12 that was payable to Ward and drawn on the Citizens National Bank of Decatur, Illinois (Citizens National). Ward received but never negotiated the check. Federal Kemper discovered that the refund should have been $4.50 rather than $12 and billed Ward for the difference of $7.50. Ward did not pay the $7.50, and Federal Kemper sent Ward a notice of cancellation of his insurance policy. Subsequently, Ward was in an accident in his insured vehicle. Federal Kemper denied coverage under the cancelled insurance policy. Ward sued Federal Kemper for a declaratory judgment as to coverage. The trial court granted judgment in favor of Federal Kemper. Ward appealed.

Rule of Law

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Issue

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Holding and Reasoning (Adkins, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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