Meierdierck v. MILLER

Opinion by

Mr. Justice Cohen,

The appellee, Victor Meierdierck, plaintiff in a trespass action recovered a judgment against Herman Miller. This action was then taken against the Eureka Casualty Company, garnishee, to collect the judgment, Miller being an assured of Eureka. Eureka refused to pay the judgment alleging they had not received written notice of the accident in accordance with the terms of the policy which provided that: “When an accident occurs written notice shall be given by or on behalf of the insured to the company or to any of its authorized agents as soon as practicable.” This…