Dawson v. National Home Insurance

PEARSON, TILLMAN, Chief Judge.

The appellant, then plaintiff, brought a complaint in equity against his insurance carrier upon his automobile liability policy. The trial court dismissed the complaint. The question presented is whether the complaint stated a cause of action cognizable in equity.

The essential allegations of the complaint as amended are:(1) The policy provided that the plaintiff was insured against stated liability.(2) While the policy was in force, one of the automobiles included thereunder was involved in an accident out of which a claim arose.(3) Plaintiff was sued and the…