Thompson v. Dairyland Mutual Insurance

Two issues are presented on this appeal:

First, was there an issue of fact on whether notice of the vehicle change was received by the insurance company?

Second, in order for an insurer to avoid liability on the ground that there was a lack of notice of a vehicle change, must it show prejudice by failure to give notice?

Notice of Vehicle Change.

The motion for summary judgment was granted on the ground that there was no showing that Levy notified respondent of the change of automobiles within thirty days. A defendant is not entitled to summary judgment unless the facts presented conclusively show…