The opinion
Paul Ward, Associate Justice (dissenting). I dissent because, in my view, the policy was cancelled when appellees received the notice of cancellation on May 15, 1961. The fact that Riverside did not “as soon as practicable” pay appellees the unearned premium in no way affected the cancellation, but only created the relationship of debtor and creditor between Riverside and appellees. My authority for the above statement is that portion of the policy which says: “payment or tender of unearned premium is not a condition of cancellation”.
George Rose Smith, J., joins in this dissent.