After a fire destroyed her home, Penny Benny sued Geneva Ins…
After a fire destroyed her home, Penny Benny sued Geneva Insurance Company (GIC) that insured the home for the proceeds of her policy. GIC claimed that the policy had lapsed. At trial, Penny admits that she failed to make a timely premium payment; however, she cites a policy provision that required GIC to give her notice that it had not received the premium by a specified date and testifies that she never received such a notice. GIC then calls its chief billing clerk, Bill, who is prepared to testify that, because of Penny’s unusual name, Bill remembers preparing Penny’s notice and placing it in the “out” box on his desk, and that an employee from GIC’s mailroom daily picks up all mail from office “out” boxes and places it in a U.S. mail deposit box. How should the court rule on the admissibility of Bill’s testimony?