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AMERICAN INS. CO. v. RURAL MUT. CAS. INS. CO.

11 Wis.2d 405 (1960)

AMERICAN INSURANCE COMPANY, Appellant, v. RURAL MUTUAL CASUALTY INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

November 1, 1960.

Attorney(s) appearing for the Case

For the appellant there were briefs by Roberts, Boardman, Suhr, Bjork & Curry of Madison, and oral argument by Walter M. Bjork.

For the respondent there was a brief by Riley, Riley & Pierce, and oral argument by Michael B. Torphy, Jr., all of Madison.

MARTIN, C. J.

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

Under the policy, McNamer 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...

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