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MEIERDIERCK v. MILLER et al.

394 Pa. 484 (1959)

Meierdierck v. Miller (et al., Appellant).

Supreme Court of Pennsylvania.

January 12, 1959.

Attorney(s) appearing for the Case

Henry T. Reath, with him Duane, Morris & Heckscher, for appellant.

Theodore R. Mann, for plaintiff, appellee.

Jerome L. Markovitz, with him S. Robert Levant, and Markovitz, Stern & Shusterman, for defendant, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. JUSTICE COHEN, January 12, 1959:

The appellee, Victor Meierdierck, plaintiff in a trespass action recovered a judgment against Herman Miller. This action was then taken against the Eureka Casualty Company, garnishee, to collect the judgment, Miller being an assured of Eureka. Eureka refused to pay the judgment alleging they had not received written notice of the accident in accordance with the terms of the policy which provided that: "When an accident...

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