Marques brought this action to enforce the judgment against the insurer. She submitted Jane Spann's affidavit stating that she had received cancellation notice only on coverage insuring Jolley's car and had not received any general cancellation notice. Spann attached to her affidavit copies of cancelled checks issued to the service corporation that handled her insurance premiums. These checks included at least one that was paid to the service corporation after the date of the alleged cancellation. 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.