Albert F. Monsma v. Central Mutual Insurance Company

This is an appeal from a judgment in favor of the defendant-appellee, Central Mutual Insurance Company, on a general jury verdict and a special verdict finding (1) that a fire insurance policy held by plaintiff-appellant, Albert F. Monsma, had been cancelled, and (2) that any defects in the method of cancellation had been waived. There was evidence from which the jury might properly find both cancellation and waiver. This appeal is concerned with a series of procedural irregularities at the trial.

Appellant was purchasing the insured property under a contract for deed. In 1963, he conveyed his interest to his wife, from whom he was later divorced. The wife purchased the fire insurance policy from appellee on August 24, 1964, and paid one-half the annual premium. She quitclaimed her interest in the property to appellant on September 24, 1964, appellant reimbursed her for the premium paid, and the policy was endorsed to show an assignment to appellant.

On December 23, 1964, appellee through its agent, mailed a notice of cancellation to appellant. Appellant claimed that the notice was never received. The property was destroyed by fire on January 16, 1965.

Prior to the fire,…