Nichols v. Commonwealth Casualty Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action against an accident insurance company to recover for accidental injuries. There was a trial to the court, judgment for plaintiff, and the defendant appealed.

*485Appellant contends that the policy issued to plaintiff was a limited policy, specifically indemnifying against injuries caused by certain specified accidents only, and that plaintiff’s injury was caused by an accident not indemnified against in the policy. The plaintiff concedes this, but he alleged:

“That W. J. Francisco, an agent of the appellant, solicited the…