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ALABAMA FARM BUREAU MUTUAL CAS. INS. CO. v. HARRIS

No. 66-534.

197 So.2d 567 (1967)

ALABAMA FARM BUREAU MUTUAL CASUALTY INSURANCE COMPANY, Appellant, v. Nat HARRIS, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 2, 1967.

Attorney(s) appearing for the Case

Dean, Adams, George & Wood and Don R. Livingstone, Jeanne Heyward, Miami, for appellant.

Tobin, Salmon & Crary, Coral Gables, for appellee.

Before PEARSON, CARROLL and BARKDULL, JJ.

PEARSON, Judge.

Alabama Farm Bureau Mutual Casualty Insurance Company was the garnishee in a proceeding brought pursuant to an automobile liability policy. A final judgment in garnishment was entered against the insurance company and it appeals. The question presented is whether a failure of the defendant policyholder to timely forward to the insurer the suit papers constituted, as a matter of law, a breach of the policy so that it was unenforceable. We hold that...

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