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Ball-Rodriquezv.Progressive Premier Insurance Company of Illinois

CourtCourt of Appeals of Georgia
Docket No.A23A0491
DecidedApril 25, 2023
Reporter367 Ga. App. 481; 887 S.E.2d 74; 2023 Ga. App. LEXIS 173; 2023 WL 3069512
JudgesDOYLE, Presiding Judge. Barnes, P. J., and Land, J. concur.
Tags
CivilInsurance LawAutomobile InsurancePolicy RescissionFailure of ConsiderationUnpaid Initial PremiumSummary Judgment
Case Summary

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and William Stephens sought coverage under an auto policy issued by Progressive after a collision, but Progressive rescinded the policy when Stephens's bank dishonored the initial premium draft and Stephens never cured the nonpayment.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.

Opinion

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