Legal Opinion

Bast v. Capitol Indemnity Corp.

Court of Appeals of Minnesota

Decided April 15, 1997No. C9-96-1906PublishedCited by 5 opinions

1Opinion of the Court

OPINION

LANSING, Judge.

This dispute between an insurer and a loss payee named in an insurance policy raises issues of whether the payee is entitled to notice of a policy amendment and whether notice of cancellation must be in writing. We hold that because a standard form mortgage clause establishes an independent contract between an insurer and a named loss payee, the payee as a party to the contract is entitled to notice of material changes in the contract effecting reduced coverage. We further hold that actual notice to the named loss payee satisfies the cancellation notice requirement.

FACTS

T…

2Cases cited15 opinions

  1. Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  2. Canadian Universal Insurance Co. v. Fire Watch, Inc.Supreme Court of Minnesota · 1977
  3. Donarski v. LardySupreme Court of Minnesota · 1958
  4. In Re the Welfare of K.T.Supreme Court of Minnesota · 1982
  5. Allen v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1926

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3Cited by5 opinions

  1. Old Second National Bank v. Indiana Insurance CompanyAppellate Court of Illinois · 2015
  2. Koes v. Advanced Design, Inc.Court of Appeals of Minnesota · 2001
  3. Old Second National Bank v. Indiana Insurance CompanyAppellate Court of Illinois · 2015
  4. Commerce Bank v. West Bend Mutual Insurance CompanyCourt of Appeals of Minnesota · 2014
  5. Fedie v. Mid-Century Insurance Co.Court of Appeals of Minnesota · 2001

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