Stooksbury v. American National Property & Casualty Co.

OPINION

in which HOUSTON M. GODDARD, P.J., and HERSCHEL P. FRANKS, J., joined.

Mitch and Gina Stooksbury (“Plaintiffs”) purchased homeowners insurance from American National Property and Casualty Company (“Defendant”). After Plaintiffs’ home was destroyed by fire, they were informed by Defendant that their insurance policy had been cancelled prior to the date of loss because of an underwriting risk arising from missing railing on a deck. Defendant claimed to have mailed a cancellation notice and refund check to Plaintiffs in accordance with the terms of the policy. Plaintiffs denied receiving…