Cunningham v. Employers Mut. Fire Ins.

Morris, Commissioner

Reversing.

Appeal is prosecuted from a judgment sustaining a demurrer to and dismissing plaintiff’s petition as amended. The petition first filed by Cunningham sought to recover $1,207 for damage to an automobile which was accidentally driven off the highway and practically demolished. In his petition he sets out the terms of the policy, which was apparently a complete coverage contract, with a $50 deductible clause, for which he says he paid a premium of $32.00.

The petition did not allege that the car was owned *277by plaintiff at tbe time of issuance of tbe policy. This…