State Automobile Ins. Assn. v. Kurtz

Action by appellee against appellant, and the State Automobile Insurance Association, on a policy of insurance, insuring inter alia against loss by collision. A plea in abatement by the State Automobile Insurance Association was sustained, and the action abated as to that association. Appellant’s defense was that, at the time of the collision, appellee was under the influence of intoxicating liquor, and that it was expressly provided in the policy that the contract of insurance did not cover any loss sustained while the automobile is being operated by a person under the influence of…