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HEIMBECHER v. JOHNSON

258 Wis. 200 (1951)

HEIMBECHER, Plaintiff and Respondent, vs. JOHNSON, Defendant: CHEESE MAKERS MUTUAL CASUALTY COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

January 9, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Lehner & Lehner, Adolph P. Lehner, Howard N. Lehner, and Eugene E. Behling, all of Oconto Falls, and oral argument by Adolph P. Lehner.

For the respondent there was a brief by Herbert W. Johnson of Sturgeon Bay, attorney, and H. S. Humke of Sheboygan of counsel, and oral argument by Paul L. Axel of Sheboygan.

GEHL, J.

It is undisputed that the company received no notice of accident and it contends that to create liability on its part it must be shown not only that the notice was sent but also that it was actually received. The policy provides that "notice shall be given" as soon as practicable. However, neither its provisions nor any statute requires that it be shown that it was received, nor does either provide an exclusive manner of giving notice. That the company recognizes...

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