Hew Heffer, billionaire playboy, insured his signature jet aircraft with the Fatcat Insurance Company. Hef failed to pay his insurance premium and Fatcat sent him a notice that his policy was terminated. Fatcat sent a letter to Hef offering to reinstate the policy if Fatcat received the premium by September 30. The offer from Fatcat contained a detachable portion at the bottom with the policy number and the name, Hew Heffer. In bold type above the detachable portion were the words: “Please mail this copy with your remittance”.
On September 28, Hef sent a money order for the $10,000 premium but did not send the detachable portion with his payment. Fatcat received the payment on September 30 but was unable to ascertain the policy number or money order purpose until October 10. In the meantime, Hef’s policy was terminated. On October 25, Fatcat issued a refund check to Hew Heffer. On Halloween, during a party, Hef had an accident with the jet and Fatcat refused to pay the claim filed by Hef arguing that Hef failed to compluy with the terms of the offer to reinstate and thus, failed to accept Fatcat’s offer.
When the senior partners of your law firm are all off playing in a golf tournament, Hew Heffer walks into your closet-sized office by the bathrooms looking for some advice. Here is your one big chance. What will you tell him?