The Court granted the insurer's motion to dismiss because the injury occurred after the policy period had expired. Goins v. C&S Global Imports, Inc., 2016 U.S. Dist. LEXIS 79160 (W.D. Ky. June 17, 2016). 

    Plaintiff James Goin visited the site of a deer hunt on property owned by Kevin Turn, d/b/a/ Turner Outdoors. While touring the property, Turner encouraged Goins to climb into an elevated tree stand. After Goins did so, the stand collapsed, causing injury to Goins. 

    Goins sued C&S Global Imports, the manufacturer of the tree stand. C&S was insured by Pekin Insurance Company. Pekin filed a coverage action seeking a declaratory judgment that it had no duty to defend C&S. Pekin submitted that the policy provided coverage from January 2011 until January 2013, and that the injury occurred in June 2013. 

    Goins argued that Pekin improperly cancelled the policy on January 23, 2013, seven days before the policy was to expire. Pekin explained it cancelled the policy upon the request of C&S, which had shut down its business. Goins argued that, nevertheless, the notice was ineffective for failing to give thirty-day notice before the cancellation, as stated in the policy.

    The Court denied Goins' request to submit additional briefing because it was unnecessary. Even if Goins prevailed on his argument that the policy was improperly cancelled, Goins did not explain how this would benefit him. Even if Pekin's cancellation was ineffective, the policy would still expire according to its terms on January 31, 2013. Goins' claim arose five months after expiration of the policy and was therefore not covered.