Genua v. Kilmer

Defendant, Karvin R. Kilmer, upon being sued by plaintiffs for damages allegedly incurred in an automobile accident, brought this action as third-party plaintiff against appellant MFA Mutual Insurance Company, as a third-party defendant, alleging he was entitled to coverage under an automobile liability policy. MFA denied the existence of a valid automobile liability policy, contending the policy was void because the check tendered in payment of the initial premium was dishonored upon presentment. The issues raised by Kilmers third-party complaint were tried to the court. No testimony was offered by either party. The evidence consists solely of exhibits and answers to interrogatories. The court ruled that coverage did exist and that MFA was "bound by their conduct in this case to insure the Defendant Kilmer." We reverse.