Simonds Ex Rel. Hornig v. Bouton

In this personal injury case, the defendant American Family Mutual Insurance Company seeks to avoid liability to the plaintiff for damages arising out of an accident involving its insured, Terrance Bouton, on the ground that Bouton breached his contractual duty of cooperation with American Family by failing to appear at trial. We conclude this case turns on the question of whether or not the court properly determined that Bouton’s failure to appear at trial was not materially prejudicial to American Family.

The minor plaintiff, by his guardian ad litem, began this action on December 11, 1973,…