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SANDERFOOT v. SHERRY MOTORS, INC.,

33 Wis.2d 301 (1967)

SANDERFOOT, Plaintiff, v. SHERRY MOTORS, INC., and another, Defendants and Respondents: UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

January 3, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schlotthauer, Jenswold & Studt and Robert R. Studt, all of Madison, and oral argument by Robert R. Studt.

For the respondents there was a brief by Bradford & Gabert of Appleton, and oral argument by Stanley Gabert.

BEILFUSS, 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?

(3) 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...

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