Johnson v. Samuels

Garnishee-defendant, Banner Mutual Insurance Company, appeals from a $4,500 judgment entered against it as garnishee. The garnishment proceedings, founded on a default judgment, were brought under an automobile liability policy issued by Banner to defendant Marie Samuels. Banner denies liability under its policy, contending that its insured, defendant Marie Samuels, breached the “notice of claim or suit” provision of the policy, a condition precedent to any action against Banner as insurer.

The policy provides that “If claim is made or suit is brought against the insured, the insured shall…