Cancellation of Insurance Policy - What Type of Notice Is Necessary?
Insured pays 2 months of 6 month premium for UM coverage and stops paying. Later gets in wreck. Insurance company denies coverage saying it sent notice of cancellation at time. Company produces copy of a post card sent to insured and lien holder with certificate of mailing (not certified). Insured had moved an never received copy of notice. Has insurance company "proved" cancellation with notice by post card to last known address, without proof insured received notice?
Answer: The company has almost certainly sustained its burden. See:
Gilmore v. Grand Prix of Tulsa, 1963 OK 138, 383 P.2d 231: Mailing of notice of cancellation sufficient where mailed to wrong address even though it came back and company had notice of correct address.
Richardson v. Brown, 443 F.2d 926 (10th Cir. 1971): Summary judgment for insurer proper where insurer had post office receipt for cancellation notice and insured tried to rebut with affidavit of non-receipt.
Midwestern Insurance Co. v. Cathey, 1953 OK 169, 262 P.2d 434: Cancellation sufficient where notice mailed and came back to insurance company, mailing is all that is required (not receipt) stating contrary language in Great American Ins. Co. v. Deatherage, 1935 OK 1156, 52 P.2d 827 is dictum and “misleading
Posted on Sun, June 6, 2010
by Sharon Coleman filed under