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KATHY FULLILOVE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

NOVEMBER 13, 1985

KATHY FULLILOVE
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.



BEFORE WALKER, HAWKINS AND DAN LEE

HAWKINS, JUSTICE, FOR THE COURT:

Kathy Fullilove appeals from the judgment of the Circuit Court of Coahoma County dismissing her declaration against State Farm Mutual Automobile Insurance Company (State Farm) because her husband Rodger G. Fullilove's automobile policy had lapsed for nonpayment of premium. Because neither the insurance policy nor any notices thereunder were attached to the pleadings or made exhibits to testimony, and we cannot determine the precise obligations of the parties, we reverse.

FACTS

 Rodger G. Fullilove, manager a of McDonald hamburger establishment in Clarksdale, had an automobile liability insurance contract with State Farm, covering himself and his wife Kathy. The Fulliloves lived in Shelby. Since neither the policy nor a copy thereof appear in this record, we do not know its terms.

 On Tuesday, November 24, 1981, Fullilove received in the mail a notice that his policy had lapsed for nonpayment of premium. That following Friday, November 27, it occurred to him he should pay his premium.

 Accordingly, during the noon hour on Friday, he went to the office of the local agent for State Farm in Clarksdale to deliver a check. The office was closed for the lunch break. Fullilove returned at 5:30 p.m. to find the office closed for the day. He slid an envelope containing a check for $203.24, dated November 24, 1981, under the door.

 At 6:30 p.m. he learned his wife had been in an accident.

 The next morning, Saturday, November 28, an employee of the agency found the check on the floor and put it on Arthur E. Dalton, the agent's, desk. Also, on either Saturday or Sunday Fullilove called Dalton and reported the accident.

 On Monday morning, November 30, Dalton telephoned an area representative of State Farm, Mrs. Bigalow, in Greenville, for instructions. She told him to fill out a payment transmittal showing when the envelope was opened, and to put coverage back in force from November 30, 1981.

 Kathy was injured in the automobile accident which occurred around 6:00 p.m. on Friday, November 26, 1981, in Shelby, when the car she was driving collided with a car being driven by Johnnie Mills, an uninsured motorist.

 State Farm denied coverage, and Kathy sued Mills and State Farm, the latter under the uninsured motorist provision of the policy. The policy was not attached to the declaration as required by Miss. Code Ann. 117-47 (1972). *fn1

 State Farm answered and asserted as an affirmative defense that the policy had lapsed for nonpayment of premium.

 Depositions were taken of the Fulliloves and Dalton. From the deposition of Dalton, it developed that it was State Farm's policy to cover an insured for 21 days following the due date of the premium as a "courtesy." Fullilove's premium was due October 6, and the policy expired that date. If, during that 21-day post-expiration date period, the insured paid the premium, the policy would be reinstated without any lapse in ...


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