Employers Mut. Fire Ins. Co. v. Cunningham

DUNCAN, Justice.

This is an action to recover on a collision insurance policy covering an automobile. The insurer defended on the ground that the named insured, Chester Cunningham, was not the sole owner of the car in question but that it was actually owned by Elmer Tackett. The defense was countered by the plea that at the time of the issuance of the policy the local agent knew that Cunningham was not the owner of the car and the company, therefore, was estopped to defend upon that ground. Trial was had before a jury and a verdict and judgment were rendered for appellee in the amount of $900.…