First State Insurance v. Fidelity & Deposit Co.

We reverse and hold the undisputed evidence of appellee’s actual notice of the can*7cellation of a fire insurance policy was sufficient to entitle appellant to the entry of summary judgment.

The appellee held a mortgage on property upon which the mortgagor was obligated to secure fire insurance. The appellant issued the insurance and was contractually and statutorily bound to give any notice of cancellation to both the mortgagor and mortgagee. At one point the mortgagor failed to pay the premium and a notice of cancellation was sent to both the mortgagor and mortgagee. Subsequently, the premiums…