Swift v. Dairyland Insurance

Plaintiff-appellant, Mary Swift, initiated this action against defendant-appellee, Dairyland Insurance Company (Dairyland), seeking recovery under her automobile insurance policy issued by Dairyland. Dairyland moved for summary judgment, contending that it had received inadequate notice of Swift’s lawsuit against the uninsured tort-feasor and therefore was not bound by the results of that litigation. The district court granted Dairyland’s motion and Swift appeals.

Swift assigns the following errors: (1) The court erred in overruling Swift’s motion for summary judgment and in sustaining…