Harrison v. Allied Mutual Casualty Company

This is an appeal from an order of the trial court sustaining defendant’s motion to dismiss.

It is plaintiff’s contention that the ruling of the trial court was based on matters not within the scope of proper inquiry in considering a motion to dismiss. We agree.

Chapter 516 of the Code provides for a right of action against a liability insurance carrier in the event an execution against the insured is returned unsatisfied.

Plaintiff brought action at law to enforce liability against defendant as an insurer of plaintiff’s judgment debtor.

The petition alleged: the recovery of judgment against…