Illinois Appellate Court
Civil Court
Insurance
Contested, material facts as to implied waiver issue, which do not solely involve a legal interpretation of contract, preclude summary judgment on insured's breach of contract action against insurer, for duty to pay damages for auto accident that occurred after policy had lapsed and was cancelled for non-payment. One month after accident, and more than one month after cancellation, insured had tendered cash to insurer's clerk, who accepted and processed it and refunded to insured the amount due for period of time when policy was cancelled. (CUNNINGHAM and HARRIS, concurring.)