Belt Automobile Indemnity Ass'n v. Ensley Transfer & Supply Co.

The question of decisive importance presented by the appeal is upon the validity and sufficiency of the estop-pel set up by the plaintiff in its replication to the defendant’s special plea numbered 3.

When an insurance policy contains a general liability clause, followed by a clause or clauses which except specified cases from the operation of the policy, it is not necessary for the complaint to negative the exceptions — their existence being a matter of affirmative defense, as to which the onus of allegation and proof is placed upon the defendant. Standard L. & A. Ins. Co. v. Jones, 94 Ala.…