Ball-Rodriquezv.Progressive Premier Insurance Company of Illinois
Francisco Ball-Rodriquez and William Stephens sought coverage under an auto policy issued by Progressive after a collision, but Progressive rescinded the policy when Stephens's bank dishonored the initial premium draft and Stephens never cured the nonpayment. The issue was whether the policy ever became enforceable despite the failed initial electronic payment and Progressive's later rescission notice. The Court of Appeals of Georgia affirmed summary judgment for Progressive. It held that the policy expressly conditioned coverage on the financial institution honoring the initial payment and allowed Progressive to deem the policy void from inception if the payment failed. Because no valid initial premium was ever paid, there was no consideration supporting the policy and no coverage available for the later accident.
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