Mobile Fire Marine Ins. Co. v. Kraft

CARR, Presiding Judge.

This appeal is from a judgment below in favor of the plaintiff.

The case is based on an insurance contract in which the appellant agreed to indemnify the appellee against loss by virtue of “collision or upset” to the latter’s automobile.

The cause was tried by the court without the aid of a jury.

The only question of reviewable concern is whether or not the policy was cancelled, so as to affect the rights of the insured, prior to the time he suffered collision damages to his automobile.

There is only slight conflict in the evidence.

In July 1949 Mr. Kraft, the appellee,…