SmartBrief
Confirm favorite deletion?
Commercial Law Keyed to Whaley
Ward v. Federal Kemper Insurance Co.
Citation:
62 Md. App. 351, 489 A.2d 91 (1985)Facts
In May 1981, Plaintiff took out an auto insurance policy with Defendant. In August of that year, Plaintiff overpaid the policy’s premium and Defendant issued a refund check of $12. Soon after sending the check, Defendant realized the refund should have only been $4.50 and sent Plaintiff a bill to repay the balance of $7.50. Plaintiff claimed he did not recall receiving the bill and admitted not paying it. Defendant cancelled the insurance policy, which was set to terminate on November 17, 1981, for nonpayment of the premium on October 11, 1981. On November 15, Plaintiff was involved in an auto accident but Defendant refused coverage, asserting that the policy had been properly cancelled. Plaintiff sued Defendant to enforce the policy.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
11m 23sTopic Outline 
Topic Refresher Course 