Paul v. Dwyer (Et Al‪.‬

Appellee obtained a judgment against Joseph Dwyer for injuries arising out of an accident on May 5, 1957. In an effort to collect on this judgment, appellee served a writ of attachment execution on appellant-insurer as garnishee. Appellant admitted that it had issued a policy of insurance to Dwyer covering the period from January 31, 1957 to October 3, 1957. It alleged, however, that the policy had been cancelled on April 24, 1957 for failure to pay premiums. This cancellation had been in pursuance of the following provision of the policy: "The company may cancel this policy by written notice addressed to the insured ... stating that when not less than ten (10) days thereafter cancellation shall be effective. ... The mailing of the notice shall be sufficient proof of notice. ..." Appellant introduced evidence tending to prove that the notice of cancellation had been mailed on April 11, 1957. Dwyer denied receiving any such notice.