Hendricks v. American Fire & Casualty Co.

Moss, Acting Chief Justice:

American Fire & Casualty Company, the appellant herein, issued to H. S. Hendricks, the respondent herein, a comprehensive and collision insurance policy, providing for the payment for loss caused by collision to a 1961 International Diesel Tractor, subject to a deductible exclusion of $500.00. On October 16, 1964, while this policy was in full force and effect, the tractor was damaged by collision. It is admitted that there was a loss and such was covered by the aforesaid policy.

However, the parties were unable to agree upon the amount of loss and, in due time, the…