Brown v. State Automobile Insurance Assn.

Peterson, Justice.

Plaintiff, having recovered a judgment for $8,054 against A. L. Groth for negligently causing the death of her husband while he was a passenger in Groth’s automobile, sues defendant to recover the amount of the judgment, claiming that it is liable therefor under an automobile liability insurance policy indemnifying Groth against the liability resulting in the judgment.

Defendant admits the issuance of the insurance policy, but alleges that prior to the accident causing the death the insurance had automatically lapsed and terminated for nonpayment of the premium.

At the trial,…