Zabaldo v. USAA Casualty Ins. Co.
This is an appeal of a judgment of dismissal after the trial court granted the motion for summary judgment of defendant USAA Casualty Insurance Company against its former insured, Derek Zabaldo. Zabaldo was involved in an automobile accident after his automobile insurer, USAA, cancelled his policy for nonpayment. Zabaldo did not dispute that his premiums were unpaid at the time of the accident or that he was aware that his policy would be cancelled. However, he claimed USAA did not send him a notice of cancellation 10 days prior to cancelling his policy, as required by the policy and by Insurance Code section 662.
The sole issue on summary judgment was whether a triable issue of fact existed as to the proper mailing of the notice of cancellation. We shall conclude that the judgment should be affirmed because Zabaldos evidence that he did not receive the notice of cancellation did not warrant a reasonable inference that the notice was not mailed under the circumstances presented here, and no reasonable juror could have concluded that Zabaldo had met his burden of showing the notice was never sent. Court affirm the judgment of dismissal.
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