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Ricky Cook v. Kemper Independence Insurance Company
Docket No. INS-05-2008, Decision Issued June 24, 2005

The insured requested a hearing following receipt of a notice of automobile insurance coverage cancellation based upon nonpayment of premium. At hearing, the company presented evidence of the billing and payment history on the policy, as well as a copy of the endorsement declarations demonstrating the addition of the insured’s son to the policy. The insured maintained that his son was added to his policy without his consent and that the son is neither a resident of his household nor drives any vehicles insured under the policy. Therefore, the insured argued, he should not be required to pay the additional premium associated with his son.

Held: For the insured. Although the evidence indicates that the insured did not pay in full one of the recent premium installment bills, it is clear that a dispute exists over the appropriateness of the increase in premium. The company has not provided sufficient evidence to demonstrate that the son is either a resident of his father’s household or operates a vehicle insured under the policy. Therefore, the company has not demonstrated that the premium increase is justified and that the insured’s failure to pay the additional premium amount constitutes a nonpayment of premium.

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