Saunders v. Mittlieder

In this garnishment action the District Court held Mutual Service Casualty Insurance Company, garnishee-insurer, liable to the plaintiff for $10,000, the liability limit of the defendants Mittlieders’ policy. Garnishee appeals. The question presented is whether garnishee had canceled defendants’ insurance policy prior to the accident involving the plaintiff and the defendant Cindy Mittlieder. We hold the purported cancellation ineffective and affirm the judgment.

In July of 1973, Marvin Mittlieder owned two motor vehicles which were insured under separate policies written by garnishee. The…