Douglas and Katy Rasmussen owned a rental house in Lake Jackson, Texas. The Rasmussens insured the house

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Douglas and Katy Rasmussen owned a rental house in Lake Jackson, Texas. The Rasmussens insured the house with Texas Farm Bureau Underwriters. The Rasmussens dealt directly with Texas Farm Bureau’s agent Fred Bolton. Bolton told the Rasmussens that he would notify the Rasmussens of any changes to the policy. The Rasmussens paid the premium for the policy through June 1, 2008, but made no further payments thereafter. A fire destroyed the house in January 2009. The Rasmussens submitted an insurance claim, but Texas Farm Bureau denied it because the Rasmussens had failed to pay the insurance premium due for the renewal of the policy six months before the fire occurred. The Rasmussens sued Texas Farm Bureau and Bolton for breach of contract. The Rasmussens claimed that they never received a renewal notice or notice of cancellation of coverage from either Texas Farm Bureau or Bolton and were unaware that a premium was due. Furthermore, Bolton had failed to notify the Rasmussens of the change in the status of the policy as he had previously promised. A jury awarded the Ramussens $40,000 in damages, and Texas Farm Bureau appealed. Did the insurance policy remain in force and effect despite the absence of payment given that the Rasmussens never received the renewal notice or the notice of cancellation? Was Texas Farm Bureau bound by Bolton’s promise to notify the Rasmussens of any changes to the status of the policy?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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