Clark v. London & Lancashire Indemnity Co. of America

There are two issues which we find necessary to consider on this appeal. These are:(1) Was defendant’s motion procedurally defective on the ground that it failed to comply with sec. 270.635 (2), Stats. ?

*272(2) Were the damages sought from plaintiff by Kamke and the. other claimants “caused by accident” within the terms of the policy of insurance ?

Because of our conclusion with respect to this second stated issue we find it unnecessary to pass on a third issue raised in the briefs, viz., whether plaintiff breached the covenant of the policy which required him to give defendant timely notice of…