Korbholz

MEMORANDUM **

Michael Korbholz, as Trustee for the Waldman Children’s Trust, appeals the district court’s grant of summary judgment in favor of Great-West Life & Annuity Insurance Company (“Great-West”) in this life insurance coverage dispute. He asserts that the district court erred in concluding that his policy’s premium was not timely paid. We reverse.

In interpreting the insurance policy in this case, the district court found the mailbox rule inapplicable, instead concluding that the term “paid” meant that Great-West must “receive” the premium payment prior the expiration of the grace period. Thus, the court held that Korbholz’s May 2002 check was untimely since it was not received by Great-West’s processing agent, Transaction Applications Group (“TAG”), prior the expiration of the grace period. We disagree.

The insurance policy in this case does not specifically define whether a premium is deemed paid when it is mailed by the insured or when it is received by the insurer or its agent. If Great-West intended the term “paid” to mean “received,” the language of the policy should have said so. The absence of a clear indication of the parties’ intent leads us to conclude that…