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Grant Lumber Co. v. North River Ins. Co. of New York

253 F. 83 (D. Idaho 1918)
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Grant Lumber Co. v. North River Ins. Co. of New York

1 Citing case

  1. Avemco Ins. v. No. Co. Air Charter

    38 P.3d 555 (Colo. 2002)   Cited 15 times
    Holding that mutual rescission can be effective notwithstanding contested grounds for rescission, so long as there is a good-faith basis for the dispute

    The Lundy court stated that the insured must have either actual notice of the insurer's intent to rescind or that "`such intention has been so expressed as to give notice to the ordinary [person] in the exercise of ordinary care.'" Lundy, 100 S.E.2d at 546-47 (quoting Grant Lumber Co. v. N. River Ins. Co., D.C., 253 F. 83, 88 (D.Idaho 1918)). The Lundy court further held that a court may consider whether, as a matter of law, an insured failed to act as a person of reasonable prudence in cashing a premium refund check tendered by an insurer.