Fullmer v. Farm Bureau Mutual Automobile Insurance

Opinion by

Mr. Justice Horace Stern,

It is scarcely more than a legal platitude to say that in a suit on an insurance policy the primary requisite for recovery is proof by the plaintiff that the claim comes within the general coverage of the policy. In the present actions that proof was wholly lacking and therefore the court was right in refusing to take off the compulsory non-suits which it had entered at the trial.

John Edward Sagar and Melvin Fuller,. Jr., both being minors, were injured when a school bus in which they were riding was struck by a truck owned by Arthur E. Tipton trading as…