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SAFEWAY INS. CO. v. SMITH

No. 32,049-CA.

740 So.2d 729 (1999)

SAFEWAY INSURANCE COMPANY and Woodrow Bruce, Plaintiffs-appellants, v. Christopher SMITH and Mutual Service Casualty Insurance Company, Defendants-appellees.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.

Attorney(s) appearing for the Case

Gina L. Spann, Tracy L. Oakley, Ruston, Counsel for Appellants.

Christopher Smith, Cut Off, Appellee, in pro. per.

Woodley, Williams, Fenet, Boudreau Norman & Brown by W. Brett Mason and Robert W. Fenet, Baton Rouge, Counsel for Mutual Service Casualty Insurance Company.

Before NORRIS, C.J., and CARAWAY and PEATROSS, JJ.

CARAWAY, J.

After it received notification by the lender of the insured's non-payment under a premium finance agreement, the auto liability insurer claims to have properly canceled the insurance policy immediately prior to the accident which is the subject of this suit. Finding that the lender failed to comply with La. R.S. 9:3550 in seeking cancellation of the policy, we reverse the trial court's summary judgment in favor of the insurer.

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