Sudduth v. Commonwealth County Mutual Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a plaintiff’s testimony that she did not receive a letter created a genuine issue of material fact, sufficient to defeat a motion for summary judgment, that the defendant did not send the letter
• testimony of non-receipt of a letter sent through the mail is some evidence, sufficient to create a fact issue, that the letter was not mailed
• “[T]he non-arrival of such [notice] is some evidence that no such letter was mailed; in short, it becomes essentially a question which testimony the jury will believe. . . .”

Source: CourtListener parenthetical corpus (CC0).