Haynes v. DAIRYLAND MUTUAL INSURANCE COMPANY

HARRIS, Justice.

We must decide which party should have the burden of producing evidence in a suit brought by a judgment creditor against the insurer of the judgment debtor. The dispute centers around evidence relating to conditions precedent in the policy. The trial court concluded the burden was upon the judgment creditor. We reverse.

Dairyland Mutual Insurance Co. issued a policy of insurance to Edward J. Ruhoff, a resident of Wisconsin, insuring him against liability growing out of the use.of his automobile. The policy contained two conditions which are pertinent. The insured was required…