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Scenario- Peter Andrus possessed an apartment building that he had insured under a fire insurance policy sold by J.C. Durick Insurance (Durick). Two months before the expiration of the policy, Durick let know Andrus that the building should be insured for $48,000 (or 80 percent of the building's value), as obligatory by the insurance company. Andrus replied that (1) he needed insurance to match the amount of the outstanding mortgage on the building (i.e., $24,000) and (2) if Durick couldn't sell this insurance he would go elsewhere. Durick sent a fresh insurance policy in the face amount of $48,000, with the notation that the policy was automatically recognised unless Andrus notified him to the contrary. Andrus did not reply. But he did not pay the premiums on the policy. Durick sued Andrus to improve these premiums.

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