Appeal from the Circuit Court of Coles county; the Hon. JOHN
F. SPIVEY, Judge, presiding. Affirmed.
PRESIDING JUSTICE ROETH DELIVERED THE OPINION OF THE COURT.
Rehearing denied June 18, 1959.
This is a suit for declaratory judgment wherein the facts in the case are not in dispute. On January 30, 1956, plaintiff Hardware Mutual Casualty Company issued an automobile liability insurance policy to R.M. Beals. It covered his 1955 Chevrolet sedan for a one year period. The insured, R.M. Beals, lived at 3000 Pine, Mattoon, Illinois, and that address was given in the policy. The cancellation clause in the policy provided as follows:
"Cancellation. This policy may be canceled by the named insured by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be canceled by the company by mailing to the named insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing.
"If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation."
August 13, 1956, the plaintiff received by mail a handwritten communication as follows:
"Mattoon, Illinois August 10th '56
"Hardware Mutuals Springfield, Illinois Adams Bldg., 630 E. Adams St.
As I no longer own the car which was coverd by your policy no 606764. Wish
the to have policy canceled as of this date.
Very truly yours R.M. Beals"
This letter received by the plaintiff Hardware Mutual Casualty Company on August 13, 1956, was not in the handwriting of R.M. Beals and R.M. Beals did not authorize said letter to be written and did not post it.
On the same day the plaintiff sent, in an envelope properly stamped and addressed, to its insured at the address given in the policy, viz., 3000 Pine, ...