VERECCHIA v. De SIATO

Insurance — Automobile liability — Cancellation — Notice — Evidence — Testimony of clerk — Mailing — Question of fact.

1. In a proceeding to establish insurer's liability on an automobile liability insurance policy which provides that it may be cancelled by the insurer by mailing written notice to the insured and that the mailing of such notice shall be sufficient proof of notice and the insurance shall end at the time of cancellation stated in the notice, the burden is on the insurer to prove that the policy was cancelled by it. [295-6]

2. In such case, where the insurer presents the oral testimony of a clerk that a cancellation notice was duly prepared and the notice deposited in the mail in due course of office procedure, supported by a postage receipt for the letter, but the insured denies having received the cancellation notice, the question whether the notice was duly given is one of fact to be determined by the jury. [295-6]

Argued November 27, 1945.