State Farm Mutual Automobile Insurance Co. v. Key

BRADLEY, Judge.

The appeal in this case resulted from a judgment being rendered against appellant and for appellee on a policy of insurance covering an automobile belonging to appellee.

Complaint was filed in the Circuit Court by appellee against appellant seeking to recover for the total loss of an automobile, said loss allegedly covered by a policy of collision insurance issued by appellant.

A demurrer was filed to the one-count complaint, but was not ruled on by the court prior to trial, nor later. No objection was made to the failure of the court to rule on said demurrer.

Trial was had before…