Beach Treat, Inc. v. New York Underwriters Insurance

OPINION

ON CROSS MOTIONS FOR SUMMARY JUDGMENT

TAYLOR, Judge.

Defendant, New York Underwriters Insurance . Company [New York], issued a standard fire insurance policy covering plaintiff’s ice cream stand at Bethany Beach, Delaware, for the period from June 1, 1969 to June 1, 1972. On January 20, 1971, New York undertook to cancel the policy and sent a notice of cancellation directed to plaintiff at the address of plaintiff shown on the policy. Plaintiff had in fact moved in 1969 without notifying New York of the new address and the notice was not forwarded to plaintiff, but was returned to New…