American Insurance v. Rural Mutual Casualty Insurance

The trial court held that defendant has a complete affirmative defense in bar of plaintiff’s cause of action. We agree.

Under the policy, McNamér was required to notify Rural Mutual immediately of any claim or suit brought against him and forward the process received by him. Upon his death, that duty devolved upon his personal representative, upon whom the counterclaim was served. Failure to comply with the terms of the policy was a breach of the insurance contract and relieved Rural Mutual of liability as to such •claim. Heimlich v. Kees Appliance Co. (1950), 256 Wis. 356, 41 N. W. (2d) 359,…