Merklein v. Indemnity Insurance Co. of North America

The suit is upon an accident insurance policy of narrow coverage, the annual premium for which was only $5. It insured the holder, among other things, against injuries sustained while engaged in “operating, riding in, demonstrating, adjusting, or cranking an automobile.”

The case was tried to the court without a jury, and upon the findings of fact and conclusions of law filed by the judge judgment was entered for the plaintiff. The only point raised by the appellant is that the injury involved is not covered by the policy.

The plaintiff was driving his automobile in the evening and ran the…