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ATWATER v. DEPT. OF CONSUMER & REG. AFF.

No. 88-220.

566 A.2d 462 (1989)

Larry O. ATWATER, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF CONSUMER & REGULATORY AFFARIS, Respondent. USAA Casualty Insurance Company, Intervenor.

District of Columbia Court of Appeals.

Decided October 24, 1989.

Attorney(s) appearing for the Case

Philip G. Schrag was on the brief, for petitioner.

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel at the time the response was filed, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., filed a response to Order to Show Cause.

David F. Grimaldi, Washington, D.C., was on the brief, for intervenor.

Before FERREN and SCHWELB, Associate Judges, and PRYOR, Senior Judge.

SCHWELB, Associate Judge:

This case presents two difficult issues arising from the cancellation of petitioner Larry O. Atwater's automobile liability insurance policy. On the merits, the question is whether an insurer is relieved from the requirement that it provide the insured with thirty days notice of the cancellation of a policy, see D.C.Code § 35-2109 (1988), when the insurance is financed by a premium finance company. Before reaching this issue,...

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