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Smith v. State Farm Lloyds

Court: ND Tx  06/01/2020  Homeowner Insurer's Motion for Summary Judgment Based on Nonrenewal Denied

After an insured's home burned down, she sought coverage under a homeowner's policy for the loss, which the insurer denied on the grounds that the policy had expired prior to the fire and sought summary judgment on the same grounds, but the Court adopted the Magistrate's recommendations that the motion be denied because of a controversy of whether the nonrenewal notice was mailed and received.

homeowner's insurance policy, fire loss, nonrenewal, notice of nonrenewal, motion for summary judgment, FRCP 56, proof of mailing

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