Safeway Insurance Company v. Epps et al

Filing 30

CONSENT JUDGMENT ordering that Safeway Insurance Company policy number 1690865-MS-PP-004 is void 'ab initio' and does not provide any coverage for the underlying accident of February 15, 2016.. Signed by District Judge Debra M. Brown on 4/3/17. (jla) Modified on 4/3/2017 (jla).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
PLAINTIFF

SAFEWAY INSURANCE COMPANY

V.

NO. 1: 16-CV-87-DMB-DAS

FLICE EPPS and SARAH SMITH,
a minor, by and through her parent and
next friend, Flice Epps

DEFENDANTS

CONSENT JUDGMENT
The Court hereby finds that the policy of automobile insurance issued by Safeway
Insurance Company to Flice Epps, policy number 1690865-MS-PP-004, is void ab initio because
Flice Epps committed a breach of warranty when she failed to identify Sarah Smith, either on her
policy application or in connection with any renewal of her policy, as a resident of her household
who was fourteen (14) years of age or older. The Court further finds that Safeway Insurance
Company issued a premium refund check in the amount of $1,174.40 on March 14, 2016 and
mailed it to Ms. Epps along with a denial letter. Ms. Epps received the refund check and
negotiated it on or about March 23,2016. Therefore, Safeway Insurance Company has met the
legal requirements for voiding the policy.
Accordingly, IT IS ORDERED AND ADJUDGED that Safeway Insurance Company
policy number 1690865-MS-PP-004 is void ab initio and does not provide any coverage for the
underlying accident of February 15,2016.
SO ORDERED, this 3rd day of April, 2017. ~

•

UNITED STATES DISTRICT JUDGE