Blanchet v. Assurance Co. of America

Summary

The Maine Supreme Judicial Court vacated a summary judgment favoring Assurance Company of America in a dispute over cancellation of an automobile insurance policy for nonpayment. The court held that factual disputes existed regarding actual receipt of the cancellation notice and whether the notice was sent to the insured’s last known address under 24-A M.R.S.A. § 2915, given the insurance agent’s knowledge of the insured’s New Hampshire address.

Holdings

1. Summary judgment for Assurance was improper because the record contained a genuine issue of material fact as to whether Richard actually received the cancellation notice.
2. The statutory conclusive-proof-of-receipt provision did not entitle Assurance to summary judgment because factual disputes remained concerning whether the Limington agency address was Richard's last known address and whether the notice was sent there within the meaning of the statute.
3. Because Aaskov was Assurance's authorized agent and knew Richard's New Hampshire mailing address, Assurance was charged with that knowledge.

Questions Presented

1. Whether Assurance complied with Maine's statutory notice requirements for canceling Richard Blanchet's automobile policy for nonpayment of premium.
2. Whether the insurer was entitled to rely on the statutory conclusive-proof-of-receipt provision when the cancellation notice was mailed to the insurance agent's address rather than the insured's disputed last known address.
3. Whether disputed facts concerning actual receipt, authorization to use the agent's address, and the agent's knowledge of the insured's New Hampshire address precluded summary judgment.

Disposition

reversed_and_remanded