SAFEWAY INSURANCE COMPANY v. EPPS, 1:16-CV-87-DMB-DAS. (2017)
Court: District Court, N.D. Mississippi
Number: infdco20170404b40
Visitors: 2
Filed: Apr. 03, 2017
Latest Update: Apr. 03, 2017
Summary: CONSENT JUDGMENT DEBRA M. BROWN , District Judge . The Court hereby finds that the policy of automobile insurance issued by Safeway Insurance Company to Flice Epps, policy number 1690865-MS-PP-004, is void ab initio because Flice Epps committed a breach of warranty when she failed to identify Sarah Smith, either on her policy application or in connection with any renewal of her policy, as a resident of her household who was fourteen (14) years of age or older. The Court further finds tha
Summary: CONSENT JUDGMENT DEBRA M. BROWN , District Judge . The Court hereby finds that the policy of automobile insurance issued by Safeway Insurance Company to Flice Epps, policy number 1690865-MS-PP-004, is void ab initio because Flice Epps committed a breach of warranty when she failed to identify Sarah Smith, either on her policy application or in connection with any renewal of her policy, as a resident of her household who was fourteen (14) years of age or older. The Court further finds that..
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CONSENT JUDGMENT
DEBRA M. BROWN, District Judge.
The Court hereby finds that the policy of automobile insurance issued by Safeway Insurance Company to Flice Epps, policy number 1690865-MS-PP-004, is void ab initio because Flice Epps committed a breach of warranty when she failed to identify Sarah Smith, either on her policy application or in connection with any renewal of her policy, as a resident of her household who was fourteen (14) years of age or older. The Court further finds that Safeway Insurance Company issued a premium refund check in the amount of $1,174.40 on March 14, 2016 and mailed it to Ms. Epps along with a denial letter. Ms. Epps received the refund check and negotiated it on or about March 23,2016. Therefore, Safeway Insurance Company has met the legal requirements for voiding the policy.
Accordingly, IT IS ORDERED AND ADJUDGED that Safeway Insurance Company policy number 1690865-MS-PP-004 is void ab initio and does not provide any coverage for the underlying accident of February 15,2016.
SO ORDERED.
Source: Leagle
