Mary A. Davis v. Criterion Casualty Company

73 F.3d 368 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mary A. DAVIS, Plaintiff-Appellant, v. CRITERION CASUALTY COMPANY, Defendant-Appellee. No. 94-36141. United States Court of Appeals, Ninth Circuit. Submitted Aug. 7, 1995. * Decided Dec. 22, 1995. Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Mary Davis' ("Davis") automobile insurance policy with Criterion Casualty Co. ("Criterion") was canceled on December 22, 1992, when Davis failed to make a premium payment. Upon subsequently purchasing a new car, Davis went to Criterion on January 12, 1993 to reinstate her policy. She paid the initial premium for the new policy by check, which was deposited by Criterion on January 13, 1993. On January 20, Criterion sent Davis a welcome letter and information about her policy (which, the letter stated, was effective January 13). 3 On January 28, 1993, an uninsured driver hit Davis. Her policy covered, inter alia, injuries caused by uninsured…