Sparling v. Bizier

Summary

The Rhode Island Supreme Court affirmed summary judgment for Metropolitan General Insurance Company in a coverage dispute arising from an automobile collision. The court held that the insurer properly canceled the policy for nonpayment of premiums, that proof of mailing the cancellation notice satisfied the applicable notice requirement, and that the policy expressly permitted cancellation for nonpayment. The court also held that the insureds waived an argument concerning notice to the vehicle lessor by failing to raise it below.

Holdings

1. Summary judgment for Metropolitan was proper because the Biziers failed to set forth specific facts showing a genuine issue of material fact concerning payment of the premium, mailing of the cancellation notice, or the timeliness of that mailing.
2. Proof that the cancellation notice was mailed to the named insured at the address shown in the policy was sufficient proof that the required notice had been given.
3. The policy expressly permitted Metropolitan to cancel the policy for nonpayment of premium.
4. The Biziers waived their argument that the cancellation was ineffective because Metropolitan failed to notify the vehicle's lessor by failing to raise it in the Superior Court.

Questions Presented

1. Whether summary judgment was proper where the Biziers failed to produce evidence creating a genuine issue of material fact regarding payment of the premium or mailing of the cancellation notice.
2. Whether proof that the insurer mailed the cancellation notice to the address shown on the policy was sufficient to establish notice under Rhode Island Insurance Division Regulation XVI.
3. Whether the policy expressly permitted cancellation for nonpayment of premium.
4. Whether the Biziers could argue for the first time on appeal that the cancellation was ineffective because the insurer failed to notify the vehicle's lessor.

Disposition

affirmed