Legal Opinion

Conrad v. Universal Fire & Casualty Insurance

Indiana Supreme Court

Decided October 31, 1997No. 23S04-9705-CV-302PublishedCited by 10 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

BOEHM, Justice.

This case presents the issue of whether an insurance company’s mailing of notice of cancellation of a policy by certified mail, return receipt requested, creates an irrebuttable presumption of notice under a policy calling for proof of mailing to constitute proof of notice, where the notice was returned to the company marked “unclaimed.” We hold that it does not.

Factual and Procedural Background

Universal Fire & Casualty Insurance Company issued a homeowner’s insurance policy to James and Carol Conrad in March of 1992. The policy had been placed through an…

2Cases cited22 opinions

  1. Henry Farber and Sam Levy, Third-Party v. Great American Insurance Company, Third-PartyCourt of Appeals for the Third Circuit · 1969
  2. Westmoreland v. General Accident F. & L. Assurance CorporationSupreme Court of Connecticut · 1957
  3. Aetna Ins. Co. of the Midwest v. RodriguezIndiana Supreme Court · 1988
  4. Larocque v. Rhode Island Joint Reinsurance Ass'nSupreme Court of Rhode Island · 1988
  5. Allstate Insurance v. MorrisonIndiana Court of Appeals · 1970

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3Cited by10 opinions

  1. Certif. From US for Ninth Cir. v. KachmanWashington Supreme Court · 2008
  2. Cornhusker Casualty Insurance v. KachmanWashington Supreme Court · 2008
  3. Estate of Luster v. Allstate InsuranceCourt of Appeals for the Seventh Circuit · 2010
  4. Cornhusker Casualty Insurance v. KachmanCourt of Appeals for the Ninth Circuit · 2008
  5. Century Surety Company v. The Ugly Monkey, LLC and Camburad, LLC, Amber Pagel, Dale Ueber a/k/a Dale Uebersetzig and Ueber Insurance Inc.Indiana Court of Appeals · 2013

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