Hyer v. Inter-Insurance Exchange of the Automobile Club

This is an action to recover upon a liability insurance policy. Plaintiff is the assignee of the assured. A general demurrer to the complaint was over ruled. Defendant elected to stand upon its demurrer and declined to answer, whereupon a judgment was entered in favor of plaintiff for $500 and costs. Defendant claims that the complaint does not state a cause of action and that its demurrer was improperly overruled. The sufficiency of the complaint turns upon the construction to be placed upon the word “accident,” as employed in a clause of the policy which limits defendant’s liability to…