Lang v. Kurtz

In Lang v. Kurtz, 100 Wis. 2d 40, 301 N.W.2d 262 (Ct. App. 1980)., an auto insurer had denied coverage to a defendant who had failed to pay his policy premium. See id. at 43. It was undisputed, however, that the insurer had failed to notify the secretary of transportation of the cancellation, as required under Wis. Stat. 344.34 (1977). See id. at 42. The Court concluded that the insurer's failure to comply with the notice requirement foreclosed the insurer's argument that the insured's policy had lapsed. See id. at 43. The Court also concluded that the terms of the policy, requiring a ten-day written advance notice of cancellation, estopped the insurer from asserting that the policy was no longer in effect. See id. at 46.