HENDERSON v. HAWKEYE-SECURITY INSURANCE COMPANY

No. 49896.

106 N.W.2d 86 (1960)

John HENDERSON, Jr., and Ruby Henderson, Husband and Wife, Appellees, v. HAWKEYE-SECURITY INSURANCE COMPANY, Appellant.

Supreme Court of Iowa.

November 15, 1960.


Attorney(s) appearing for the Case

Napier & Fehseke, Fort Madison, for appellant.

Joseph L. Phelan, Fort Madison, for appellees.


LARSON, Chief Justice.

In a declaratory action brought by plaintiffs the trial court found that notice of injury specifically required was not given insurer within a reasonable time, and that although there was no fraud or deceit involved and no reasonable mistake shown so as to excuse the failure to give a timely notice, and that the occurrence was not trivial, yet it was necessary for the defendant to affirmatively show prejudice in order for it to renounce its...

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