Tennant v. Farm Bureau Mutual Automobile Insurance

I concur as to the reversal of the judgment, but cannot agree that the complaint should be dismissed.

The majority take the position that the failure of the insured to “immediately forward to the Company every demand, notice, summons or other process receivedhy him or his representative ” [emphasis supplied] relieved the appellant of liability under its policy, regardless of whether the insured actually received the summons and complaint or had knowledge thereof. This was not the theory upon which the case was tried. Neither at the trial nor on this appeal has appellant claimed that there was…