Legal Opinion · Dissent

Admiral Insurance v. Cresent Hills Apartments

Court of Appeals for the Eleventh Circuit

Decided December 22, 2003No. 02-13155Published

1DissentFletcher, Chief Justice

Because the majority’s holding fails to give effect to all the words of OCGA § 33-24-44(b), I respectfully dissent.

To establish an effective cancellation under OCGA § 33-24-44(b), an insurer must show both mailing of the notice not less than 30 days before the effective cancellation date and receipt of evidence of the mailing. The requirements of actual mailing and evidence of mailing are separate.1 OCGA § 33-24-44(b) specifically permits evidence of mailing to be shown by “the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by…

2Cases cited1 opinion

  1. Moore v. Scottsdale InsuranceSupreme Court of Georgia · 1994

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