In January of 2013, the U.S. District Court for the Eastern District of Kentucky heard a case involving a Louisville car accident notice of cancellation case. (See United Financial Casualty Ins. Co. v. Wells, 2013 WL 160331 (E.D. Ky. 2013)).
In this Louisville car accident notice of cancellation case, the issue before the court was to determine whether or not the Plaintiff was obligated to provide coverage, defend, or indemnify under its insurance policy for any claims related to the accident. The accident occurred on August 27, 2009. A man was driving a tractor-trailer during his course of employment with D & P enterprises, but owned by C & S Wood Products. Defendant Wells is the sole shareholder and director of C & S Wood Products. Id. This is what the Plaintiff’s Louisville car accident attorney was able to get out.
On July 10, 2009, Plaintiff contends it mailed a “cancel notice” to Well s and D & P stating that because of failure to pay the policy premiums that the policy would cancel on July 25, 2009. Id. As per the terms of the policy and Kentucky law, both only required that Plaintiff mail the notice of cancellation. Defendants dispute the actual receipt of the notice of cancellation.
“It is well settled in Kentucky that courts will not read a stricter requirement of actual notice into an insurance contract which has not specifically provided for such notice.” (cites omitted). To satisfy the proof mailing, Plaintiff provided a ‘record of mailing’ which was a mail log showing a list of notices mailed to the persons at the address indicated. Id. Such system of proof may satisfy the proof of mailing requirement, however the business usage “must embody sufficient evidentiary safeguards to satisfy the need for protection of the affected party in the particular transaction concerned.” Id. In a similar case, that court required that a postal receipt, a record certification, a return address on the envelope, and sending the cancellation by first call mail were deemed sufficient evidently safeguards. Id. But, in the case at hand, the Plaintiff has not presented any evidence of other safeguards required as per that other case. Id.
So, because there is a question of fact as to whether Plaintiff fulfilled its statutory duty and policy requirements for cancellation, plaintiff is not entitled to summary judgment at this time.
If you have been the subject of a Louisville Car Accident Notice of Cancellation matter, please call and speak to a Louisville Car Accident Notice of Cancellation lawyer at the Law Offices of Alitowski & Moore, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!