PHOENIX INSURANCE COMPANY OF NEW YORK v. Leonard

STAKELY, Justice.

Thomas F. Leonard (appellee) brought a suit at law in the Circuit Court of Covington County, claiming a sum of money upon a policy of insurance No. FAP 78932 issued by the defendant, the Phoenix Insurance Company of New York, a corporation (appellant), covering certain medical expenses incurred by reason of bodily injuries caused by being struck by an automobile while the policy was in force and effect of which the defendant had notice.

Demurrer was filed to the complaint which was overruled. The parties then pleaded in short by consent. The case was tried and a jury returned…