Hall v. Harleysville Mutual Casualty Co.

It is to be noted in the beginning that the demurrer is in general terms. It does not point out any particular fact which should be but is not alleged. It seems to be directed solely to the contention that plaintiff as a third party beneficiary has no right to maintain an action on the policy. Even so, we take note of certain contentions advanced by defendant in its brief as to why the complaint fails to state a cause of action.

It is settled law with us that where the policy of insurance is against liability and not of indemnity and the liability of the insured has been established by…