Wehner v. Foster

This is a garnishment proceeding by plaintiffs seek to enforce payment by Citizens’ Mutual Automobile Insurance Company, garnishee defendant, of a judgment under the property damage coverage of an automobile insurance policy.

The facts are not in dispute and are as follows: On. January 3, 1947, Abner J. Foster, Jr., bought a policy of insurance from the Citizens’ Mutual Automobile Insurance Company which contained the following under the heading,

“Conditions:

“Upon the occurrence of an accident or loss covered by this policy, written notice shall be given by or on behalf of the assured to the…