Public-domain · open source
OpenJurist

680 So. 2d 1170

Johnson v. Davis

Supreme Court of Louisiana

Decided October 4, 1996

Supreme Court of Louisiana · decided 1996-10-04

Cited by 1 later decisions — most recently March 1997

1 state decisions

Key passage — most relied on by later courts

“D. (1) No notice of cancellation of a policy to which Subsection B or C of this Section applies shall be effective unless mailed by certified mail or delivered by the insurer to the named insured at least thirty days prior to the effective date of cancellation; however, when cancellation is for nonpayment of premium at least ten days notice of cancellation accompanied by the reason therefor shall be given. In the event of nonpayment of premiums for a binder, a ten day notice of cancellation shall be required before the cancellation shall be effective. Notice of cancellation for nonpayment of premiums shall not be required to be sent by certified mail. Unless the reason accompanies the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer within six months after the effective date of cancellation, the insurer will specify the reason for such cancellation. This Subsection shall not apply to nonre-newal. 2 [Emphasis added.]”

quoted by 1 later decision, including 690 So. 2d 995 - Johnson v. Davis

Relies on 673 So. 2d 220 - Johnson v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-04

View the full empirical analysis of this case →

PER CURIAM.*

¶1Section 636.1 of Title 22, relative to cancellations of automobile insurance policies, provides in pertinent part: “In the event of nonpayment of premiums for a binder, a ten day notice of cancellation shall be required before the cancellation shall be effective.” LSA-R.S. 22:636.1(D)(1). The same subsection authorizes the cancellations to be noticed by mail. Moreover, section 636.1 articulates a specific rule for computing the ten-day notice period for written notices of cancellation. LSA-R.S. 22:636.1(J). Subsection J states:

Where written notice of cancellation or nonrenewal is required and the insurer elects to mail the notice, the running of the time period between the date of mailing and the effective date of termination of coverage shall commence upon the date of mailing.

¶2LSA-R.S. 22:636.1(J) (emphasis added).

¶3In this case, the parties stipulate that the automobile liability insurer issued and mailed notice of cancellation on October 27, 1992. Johnson v. Davis, 95-1425 p. 2 (La.App. 4th Cir. 3/14/96), 673 So.2d 220, 221. Additionally, the notice stated an effective cancellation date of November 6, 1992. Applying section 636.1(J) to these facts, the insurer complied with the ten-day minimum notice requirement for cancellation of the binder.

¶4Accordingly, the judgment of the court of appeal is reversed. The ease is remanded to the court of appeal to consider those issues pretermitted below.

BLEICH, J., would deny.

¶5Watson, J., not on panel. Rule IV, Part 2, § 3.
/680/so2d/1170 · .json · Public domain