Lloyds America v. Brown

Atkinson, Presiding Justice.

In an action for damages against the owner of an automobile truck, the driver, and the insurance carrier, based on negligence of the driver in operating the truck, a demurrer was interposed by the insurance carrier on the ground, among others, that such insurance carrier could not be sued in the same action with the motor carrier. In support of this ground it was urged that the provision in the amending act, "if a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action…