Osborne v. Unigard Indemnity Co.

CLAYTON, Judge.

This appeal arises from an action by an insured against an insurance company to recover under a fire insurance policy which was allegedly cancelled prior to the loss. The court below, relying upon the “mailbox rule,” determined that the insured had failed to rebut the presumption that he had received written notice of cancellation. We affirm, given our interpretation of the mailbox rule as applied to the “giving written notice” language of the parties’ contract of insurance. See Pence Mortgage Company v. Stokes, Ky.App., 559 S.W.2d 500, 506 (1977). Accordingly, we affirm.

On…