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Payment with bounced check does not initiate homeowners insurance policy

Danetta Simpson purchased homeowners coverage with MemberSelect Insurance Company on April 7, 2008.  When she went to the bank to deposit money to cover the homeowners insurance check, the teller told her that the account had been deactivated and would not allow her to make the deposit.  On April 12 she discovered significant water damage to her home.  When she made a homeowners claim for the water damage, the insurer pointed to language in the Application for Insurance that rendered "null and void" any application supported by a dishonored check. The Court held that the insurer did not need to comply with the policy provisions (and state law) governing cancellation of insurance because no policy had ever been purchased.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262