Stippich v. Morrison

The rationale of the learned trial court’s determination, that the complaint should be dismissed as to Great American, was that Morrison had breached a condition of the policy thereby terminating coverage.

The condition of the policy, which it was determined that Morrison had breached, reads as follows:

“If claim is made or suit is brought against the insured, he shall immediately forward to the company every demand, notice, summons, or other process received by him or his representative.”

Such quoted condition was breached by Morrison’s not forwarding promptly to Great American the summons,…