Bounced check can secure car insurance

Thus ruled the West Virginia Supreme Court in a 4-1 decision, over a heated dissent from Justice Spike Maynard. Reports the Charleston Daily Mail: “Stephanie Michelle Conley sent West Virginia National a worthless check just days before she was involved in an accident on Aug. 31, 2001. According to the suit, Conley’s negligence behind the […]

Thus ruled the West Virginia Supreme Court in a 4-1 decision, over a heated dissent from Justice Spike Maynard. Reports the Charleston Daily Mail: “Stephanie Michelle Conley sent West Virginia National a worthless check just days before she was involved in an accident on Aug. 31, 2001. According to the suit, Conley’s negligence behind the wheel caused injury to three people.” A lower court ordered the insurance company to make good on the policy. Justice Joseph P. Albright, in the majority, said the high court was simply applying existing precedent. (Bryan Chambers, “Car insurance ruling raises concerns”, Huntington Herald-Dispatch, Dec. 10; “Court Upholds W. Va. Woman’s Coverage, Despite Bounced Check”, Insurance Journal, Dec. 12; “Maynard is wrong, Albright contends”, Charleston Daily Mail, Dec. 22).

2 Comments

  • Ho hum – bad, yes, but not nearly as bad as that guy a few years ago in… New York, was it? Managed to get coverage because he had BROCHURES from the company in his residence when it caught fire, saying that he INTENDED to get insurance from them.

  • The Georgia Supreme Court, interpreting insurance policy language about payment, found that a check did not constitute payment until it was made good. The case cites other precedent for the decision. Progressive Preferred Ins. Co. v. Brown, 261 Ga. 837 (1992).