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STIPPICH v. MORRISON

12 Wis.2d 331 (1961)

STIPPICH, Plaintiff and Appellant, v. MORRISON, Defendant: GREAT AMERICAN INDEMNITY COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

January 10, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Ed Rudolph of West Allis.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Mr. Clack.

CURRIE, J.

The rationale of the learned trial court's determination, that the complaint should be dismissed as to Great American, was that Morrison had breached a condition of the policy thereby terminating coverage.

The condition of the policy, which it was determined that Morrison had breached, reads as follows:

"If claim is made or suit is brought against the insured, he shall immediately forward to the company every demand, notice, summons. or...

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