State v. International Fidelity Insurance
The State (plaintiff) sought summary judgment against International Fidelity Insurance Company (IFIC) (defendant) to recover on surety bonds issued for Golden Distributors, LTD, after Golden's checks for cigarette tax stamps were dishonored. IFIC claimed the bonds were terminated via certified mail in 1989, but the Department of Taxation and Finance denied receipt. The court ruled that IFIC's failure to produce certified mail return receipts or white slips was fatal to their claim of "presumption of receipt" and that their office procedures were insufficient to establish proper mailing. Furthermore, the State's destruction of mail logs, done routinely, did not constitute spoliation as IFIC had not shown the logs were relevant to foreseeable litigation at the time of destruction. Consequently, the State's motion for summary judgment was granted, and IFIC's cross-motion was denied.