Ralph Ramsey insured his car with Allstate Insurance Co. He also owned a house on which he maintained a homeowner’s insurance policy with Allstate. Bank of America had a mortgage on the house and paid the insurance premiums on the homeowner’s policy from Ralph’s account. After Ralph died, Allstate canceled the car insurance. Ralph’s son Douglas inherited the house. The bank continued to pay the premiums on the homeowner’s policy, but from Douglas’s account, and Allstate continued to renew the insurance. When a fire destroyed the house, Allstate denied coverage, however, claiming that the policy was still in Ralph’s name. Douglas filed a suit in a federal district court against the insurer. Was Allstate liable under the homeowner’s policy?

An implied contract differs from an express contract in that the way the parties act, rather than their words, defines the terms of the contract. Implied contracts exist if one party furnishes a service or property and expects to receive something in return. The other party must know (or should know) about the expectation of something in return and has to have a chance to reject the contract.

Douglas expected to get home insurance because he paid for it, and Allstate had the chance to cancel the home insurance policy but they didn't.