Evanston Ins. v. 155 Hamilton Development
The issue presented in this insurance coverage action is whether a claim was “received†by an insured corporation within the meaning of a “claims made†insurance policy before the date on which the policy was cancelled. The trial court interpreted the term “received by the insured,†which was undefined in the policy, to mean that a claim letter was deposited in the mailbox at the insured’s place of business. Applying the presumption accorded by Evidence Code section 641, the trial court then found that two claim letters sent by first class mail to the insured’s address of record was received by the insured before the policy cancellation date, despite testimony by the insured’s sole employee that he did not see either letter until after the instant lawsuit commenced. The trial court concluded that the claim was covered under the policy and on that basis entered judgment against the insurer. We affirm the judgment.
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