Reeves vs. Granite State Ins. Co.

Case Number
M1998-00286-SC-R11-CV
We accepted review in this case to determine whether the rights of Ed Reeves, the loss payee, were extinguished by cancellation of an automobile policy by the issuer, Granite State Insurance Co., where the cancellation had been occasioned by the insured's misrepresentation. The trial court found that the policy should be construed to require notice to the loss payee before cancellation could affect the loss payee, that any ambiguity should be resolved in favor of the loss payee, and that the loss occurred prior to the notice of cancellation of the policy. The Court of Appeals affirmed. We conclude that Granite State cannot extinguish the loss payee's interest because of acts or omissions of the insured except those enumerated in the loss payable clause, which is of the standard/union type. Accordingly, the judgment of the Court of Appeals is affirmed.
Authoring Judge
Justice Adolpho A. Birch, Jr.
Originating Judge
Jeffrey F. Stewart
Case Name
Reeves vs. Granite State Ins. Co.
Date Filed
Dissent or Concur
No
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