Legal Opinion

Sanderfoot v. SHERRY MOTORS, INC.

Wisconsin Supreme Court

Decided January 3, 1967PublishedCited by 8 opinions

1Opinion of the CourtBeilfuss, J.

The issues are as follows:(1) Was notice of the accident given “as soon as practicable” as required by the policy?(2) If notice was not given “as soon as practicable,” was Universal prejudiced by the fact that notice was given seven months after the accident?(8) If Universal was prejudiced, has Universal waived or is it estopped from asserting its policy defense of lack of timely notice ?

Universal relies upon the conditions in the policy and upon sec. 204.34 (3), Stats., in this appeal. In the condition section of the insurance policy the following provisions are found :

“10. Notice of…

2Cases cited5 opinions

  1. McCarthy v. RendleMassachusetts Supreme Judicial Court · 1918
  2. Calhoun v. Western Casualty & Surety Co.Wisconsin Supreme Court · 1951
  3. Parrish v. PhillipsWisconsin Supreme Court · 1938
  4. Buss v. ClementsWisconsin Supreme Court · 1963
  5. Sheafor v. Standard Accident Insurance Co.Wisconsin Supreme Court · 1918

3Cited by8 opinions

  1. RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
  2. Gerrard Realty Corp. v. American States InsuranceWisconsin Supreme Court · 1979
  3. Ehlers v. Colonial Penn InsuranceWisconsin Supreme Court · 1977
  4. Guaranty Bank v. Chubb Corp.Court of Appeals for the Seventh Circuit · 2008
  5. Resseguie v. American Mutual Liability InsuranceWisconsin Supreme Court · 1971

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