Emo v. Milbank Mutual Insurance Company

I dissent on the ground that our laws recognize the communication as absolutely privileged and, as such, it is not within the rules imposing liability for defamation.

Section 26-02-33, N.D.C.C., prohibits the insurer from cancelling an automobile liability insurance policy which has been in effect for sixty or more days unless the insurer mails or delivers to the named insured a notice, in writing, at least thirty days prior to the effective date of cancellation of the intent of the insurer to cancel the insured’s policy. The statute makes it mandatory upon the insurer to contain in its notice…