Bibb v. Dairyland Insurance Co.

Defendant appeals by leave granted from a judgment in the amount of $7,000 rendered to plaintiffs. The sole issue is whether defendant insurance company sustained the burden of proving that prejudice resulted in a garnishment action where the insured failed to inform defendant of the commencement of suit against him.

On July 14, 1968, plaintiffs were passengers in an automobile driven by Charles Lewis Mackey which collided with a vehicle driven by Johnny Frank Holloway. Holloway was insured by defendant Dairyland Insurance Company (hereinafter referred to as Dairyland). Plaintiffs claimed…