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EQUITY INS. CO. v. CITY OF JENKS

No. 104456.

184 P.3d 541 (2008)

2008 OK 27

EQUITY INSURANCE COMPANY, Appellee, v. CITY OF JENKS, Oklahoma, Defendant, and Cleo Smith, Appellant.

Supreme Court of Oklahoma.

April 1, 2008.

Attorney(s) appearing for the Case

John L. Harlan, John L. Harlan & Associates, Sapulpa, OK, for Appellant, Cleo Smith.

Mark A. Warman, Wilkerson, Wassall & Warman, Tulsa, OK, for Appellee, Equity Insurance Company.

HARGRAVE, J.

¶ 1 The sole question is whether Equity Insurance Company (Equity) gave proper notice of cancellation of Cleo Smith's automobile liability insurance policy. We find that, under the terms of the policy, Equity's notice of its intent to cancel the policy at a future date if an installment premium was not paid was ineffective notice of cancellation for nonpayment of premium under the terms of the policy. The...

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