Wisniewski v. State Farm General Insurance

The plaintiffs brought this action against State Farm General Insurance Company for damages resulting from a fire loss allegedly covered by a State Farm policy. State Farm successfully moved for a summary judgment on the ground that the plaintiffs' policy had been cancelled before the fire occurred for failure to pay the premiums.

Two questions are presented: (1) Must State Farm prove, as a condition precedent to an effective cancellation, that plaintiffs received the mailed cancellation notice? and (2) Was the plaintiffs' policy reinstated retroactively when State Farm accepted a premium…