Legal Opinion

Heimbecher v. Johnson

Wisconsin Supreme Court

Decided January 9, 1951PublishedCited by 16 opinions

1Opinion of the CourtGehl, J.

It is undisputed that the company received no notice of accident and it contends that to create liability on its part it must be shown not only that the notice was sent but also that it was actually received. The policy provides that “notice shall be given’’ as soon as practicable. However, neither its provisions nor any statute requires that it be shown that it was received, nor does either provide an exclusive manner of giving notice. That the company recognizes more than one method is indicated by the fact that the policy carries on its face in large letters a direction to "send all…

2Cases cited4 opinions

  1. Finkle v. Western Automobile InsuranceMissouri Court of Appeals · 1930
  2. Prime Manufacturing Co. v. A. F. Gallun & Sons Corp.Wisconsin Supreme Court · 1938
  3. Kelly v. Fidelity Mutual Life InsuranceWisconsin Supreme Court · 1919
  4. Hotel Hay Corp. v. Milner Hotels, Inc.Wisconsin Supreme Court · 1949

3Cited by16 opinions

  1. Imperiali v. PicaMassachusetts Supreme Judicial Court · 1959
  2. Lontkowski v. IgnarskiWisconsin Supreme Court · 1959
  3. Polito v. GalluzzoMassachusetts Supreme Judicial Court · 1958
  4. Herman Baldwin and Tom Goff v. Fidelity Phenix Fire Insurance Company of New York, a CorporationCourt of Appeals for the Sixth Circuit · 1958
  5. Wisconsin Natural Gas Co. v. Employers Mutual Liability InsuranceWisconsin Supreme Court · 1953

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