concurring specially. I concur in principle with the construction given the statute in the dissenting opinion, but am also of the opinion that the "termination,” if it occurred while the policy was otherwise in force by payment and receipt of premium would amount to a "cancellation” under the terms of the statute; and notice under the statute would be required. While the evidence shows that the premiums were paid by the deceased to the bank and the unearned premiums were tendered back by the bank, the evidence is silent as *634to whether these premiums were paid to the insurer and accepted by it, although it may authorize a finding that the bank was acting as the insurer’s agent in collecting the premiums. The termination of the policy prior to the time for which premiums have been paid for insurance in advance would, in my opinion, be a cancellation of the contract. Further, the acceptance of premiums with knowledge that payments on the debt were three months in arrears may amount to a waiver of the automatic termination provisions. In either event, the burden is on the movant insurer to show it does not come within the statute here and it must assert its right to summary judgment by proof on its part, not by lack of proof on the part of the plaintiff. The questions posed above show that the proof is not at all clear and the burden being upon the insurer to show all of the circumstances so clearly as to demand a finding in its favor, the trial court, in my opinion, erred in granting the summary judgment. "On motion for summary judgment the burden is on the movant even as to matters which would be upon the opposite party on the trial. Sanfrantello v. Sears, Roebuck & Co., 118 Ga. App. 205, 206 (163 SE2d 256).” Hotel Storage, Inc. v. Fesler, 120 Ga. App. 672, 676 (172 SE2d 174); D. H. Overmyer, Inc. v. Joe Summers Roofing Co., Inc., 120 Ga. App. 188, 189 (169 SE2d 821).