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MOREY v. EDUCATOR & EXECUTIVE INSURERS, INC.

No. 75-7.

45 Ohio St. 2d 196 (1976)

IN RE APPLICATION OF MOREY FOR REVIEW OF CANCELLATION: MOREY, APPELLEE v. EDUCATOR & EXECUTIVE INSURERS, INC.,

Supreme Court of Ohio.

Decided February 25, 1976.

Attorney(s) appearing for the Case

Messrs. Baldwin, Nichol & Menapace, Mr. Alan Wayne Sheppard and Mr. Reno J. Menapace, for appellee.

Messrs. Williams, Deeg, Ketcham, Booker & Obetz, Mr. James D. Booker and Mr. Richard C. Deeg, for appellant.

PAUL W. BROWN, J.

Clearly, the insurance policy in question was not renewed by the insured, and lapsed, by reason of nonpayment of the premium, on March 1, 1973, at 12:01 a. m. Payment of the delinquent premium on March 20th was ineffective to reinstate coverage retroactive to March 1, 1973, so as to provide coverage for the accident of March 17th.

R. C. 3937.30 through 3937.39, upon which appellee relies, were written to prevent the arbitrary and unwarranted...

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