Employers' Casualty Co. v. T. E. Wiggins, Inc.

This is an appeal from a judgment rendered against plaintiff in error upon a cross-petition in an action wherein plaintiff in error, plaintiff below, sought judgment against defendant for a balance alleged to be due upon a workmen’s compensation policy of insurance.

It appears that on August 31, 1928, plaintiff issued to defendant its workmen’s compensation policy running one year from September 5, 1928. Defendant was a general contractor engaged in work of excavation, concrete construction, and the building of bridges.

Paragraph one (a) of the policy provided for payment by the Casualty…