Scherman v. Empire Mutual Insurance

Plaintiffs seek to recover on a policy of insurance issued by defendant which provided coverage in the event of an accident with an uninsured automobile owner. The complaint is predicated on the contract of insurance and reference thereto is made by policy number only. For reasons that will become obvious in a moment, plaintiffs did not set forth in their complaint any of the basic terms of the policy. All that is alleged is the issuance of the policy by date and number, the accident with the alleged uninsured automobile and demand upon defendant for payment to the limit of this court’s…