10.7AcceptancePeterAndrus owned an apartment building that he had insured under

10.7AcceptancePeterAndrus owned an apartment building that he had insured under a fireinsurance policy sold by J. C. Durick Insurance (Durick). Twomonths prior to the expiration of the policy Durick notifiedAndrus that the building should be insured for $48000 (or 80percent of the buildings value) as required by the insurancecompany. Andrus replied that (1) he wanted insurance to match theamount of the outstanding mortgage on the building (i.e. $24000)and (2) if Durick could not sell this insurance he would goelsewhere. Durick sent a new insurance policy in the face amount of$48000 with the notation that the policy was automaticallyaccepted unless Andrus notified him to the contrary. Andrus did notreply. However he did not pay the premiums on the policy. Duricksued Andrus to recover these premiums. Who wins?J.C. Durick Insurance v. Andrus 139 Vt. 150 424 A.2d249Web1980 Vt. Lexis1490 (Supreme Court of Vermont)