Traders & General Insurance Company v. Martha Champ

226 F.2d 829 TRADERS & GENERAL INSURANCE COMPANY, a corporation, Appellant, v. Martha CHAMP, Helen Claassen, Frank Dueck, Gerry Dueck, Frederick Dueck, William Dueck and Margaret Dyck, Appellees. No. 14191. United States Court of Appeals Ninth Circuit. October 27, 1955. W. P. Smith, Jr., Los Angeles, Cal., for appellant. Joseph C. Smith, Jean Wunderlich, Los Angeles, Cal., Champion & Quinn, Paso Robles, Cal., for appellees. Before POPE, FEE and CHAMBERS, Circuit Judges. PER CURIAM. 1 Upon petition for rehearing appellant asserts that this court's decision amounts to a "striking from the provision concerning cancellation the clause that a notice may be sent to the address given in the policy", and that we have substituted "a provision that the notice of cancellation shall not be effective until it has been received." Proceeding upon this premise appellant says: "Contracting parties have a right to enter into any kind of contract they may agree upon, so long as the contract does not contravene some statute or law of the land or public policy." 2 Appellant misreads what we have said. Our opinion has no reference to the ordinary case where the insurer has no notice of a change…