The district court ordered summary judgment against Marques, relying on the insurer's affidavit outlining its customs and procedures. Marques appeals the summary judgment. On appeal from a grant of summary judgment, a reviewing court must examine the record to determine whether there are any genuine issues of material fact and whether the district court erred in its application of the law. The evidence must be viewed in a light most favorable to the party against whom judgment was granted. Cancellation of renters' insurance for nonpayment of premiums is governed by statute.
Cancellation requires ten days' notice to the insured.
Both parties accepted the ten-day notice requirement provided in the Minnesota Standard Fire Insurance Policy. The common law rule required actual notice of cancellation of an insurance policy. Under either rule, however, the proof of mailing is sufficient to establish notice, but it does not create an irrebuttable presumption of effective notice. It is presumed, in the absence of proof to the contrary, that properly addressed and sent mail is received by the addressee. If the addressee denies receipt, the burden shifts to the sender to show, by a fair preponderance of evidence, habit or custom of proper mailing from the sender's office, along with some specific evidence showing compliance with that custom.