Walter E. Heller & Co. ex rel. Kennedy v. International Indemnity Co.

The plaintiff, Walter E. Heller & Company, Inc., for the use of Edward T. Kennedy, took out a policy of insurance executed by the defendant, International Indemnity Company, which insured the plaintiff for damages to a Lincoln sedan automobile caused “by being in accidental collision during the period insured with any other automobile, vehicle or object.” On February 4, 1922, the automobile was damaged, so that it cost $2,996.32 to have it repaired. Claiming that the damages were caused by accidental collision, the plaintiff brought this suit.

Two trials have been had. In the first, which was…