Blackwell v. Farmers Ins. Exch

In Blackwell v. Farmers Ins. Exch., 4th Dist. No. 05CA3, 2005 Ohio 3499, the court engaged in a lengthy discussion regarding the difference between "cancellation" and "non-renewal." "Black's Law Dictionary (6Ed. 1990) defines 'cancellation' as follows: 'To destroy the force, effectiveness, or validity of. To annul, abrogate, or terminate. As used in insurance law, the term refers to the termination of an insurance policy by an act of either or both of the parties to it, prior to the ending of the policy period.' Id." Blackwell, supra. "Employing the plain meaning of 'cancellation,' we do not believe that it carries the same meaning as non-renewal in this situation. Thus, Farmers' cancellation provision does not apply when the policy expires due to the insured's failure to pay the renewal premium. Neither appellant nor Farmers acted before the policy period ended so as to terminate the policy. Instead, appellant failed to act, which caused the policy to end. Neither appellant nor Farmers affirmatively sought to terminate the policy before the policy period ended. Thus, what resulted was not a cancellation subject to the cancellation provisions." Id.