Donegal Mutual Insurance v. Insurance Department

NARICK, Senior Judge.

The issue presented is whether the Insurance Commissioner erred in stating that Donegal Mutual Insurance Company (Done-gal) could have strengthened the presumption, under the “mailbox rule,” that the notice it allegedly mailed was received if Donegal had presented evidence that the notice was not returned to sender. Because it did not, the decision of the Insurance Commissioner is affirmed.

The relevant facts are as follows. Donegal mailed two invoices to Michael and' Holly Rothberg (the Rothbergs) with due dates of October 16 and November 3, 1995. Donegal mailed the…