Frank v. State Farm Mutual Automobile Insurance

HORTON, Acting Chief Judge.

The appellant, plaintiff below, appeals from a final judgment entered consequent upon the granting of appellee’s motion to dismiss. The motion to dismiss was premised upon the ground that the complaint failed to state a cause of action and the final judgment was entered after the motion to dismiss was granted with leave to amend, upon the appellant’s election not to amend.

The appellant sued upon an automobile insurance policy issued by the appellee, covering appellant’s 1951 Chevrolet automobile. The portion of the policy upon which appellant seeks recovery, and as…