Champ

Traders & General Insurance v. Champ

Good Law
226 F.2d 829
United States Court of Appeals for the Ninth CircuitOctober 27, 1955No. 14191California483 words

Opinion

Lead Opinion

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 *830 kind of contract they may agree upon, so long as the contract does not contravene some statute or lav/ of the land or public policy.”

Appellant misreads what we have said. Our opinion has no reference to the ordinary case where the insurer has no notice of a change of address, or that the mailed notice will be unlikely to reach the insured. We dealt only with the facts of this particular case. The opinion explains why we are of the opinion that the insurer was informed of the change of address. And the question is, whether the California law permits the company to say that in this special case, it may cancel the policy by acts which will in fact not give the notice which the policy contemplates. The policy calls for notice. Granted that in the…

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