BIBB v. DAIRYLAND INSURANCE CO.

Docket No. 13428.

44 Mich. App. 440 (1973)

205 N.W.2d 495

BIBB v. DAIRYLAND INSURANCE COMPANY.

Michigan Court of Appeals.

Decided January 18, 1973.


Attorney(s) appearing for the Case

Allen Bibb, for plaintiffs.

Don F. Shell, for defendant.

Before: FITZGERALD, P.J., and McGREGOR and TARGONSKI, JJ.


FITZGERALD, P.J.

Defendant appeals by leave granted from a judgment in the amount of $7,000 rendered to plaintiffs. The sole issue is whether defendant insurance company sustained the burden of proving that prejudice resulted in a garnishment action where the insured failed to inform defendant of the commencement of suit against him.

On July 14, 1968, plaintiffs were passengers in an automobile driven by Charles...

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