Stollery Bros. v. Inter-Insurance Exchange of Chicago Motor Club

PRESIDING JUSTICE SCHWARTZ

delivered the opinion of the court.

On October 6,1950, one Schmidt drove his automobile over a sidewalk and through the store front of a florist shop owned by plaintiff. On June 3, 1952 plaintiff instituted suit against Schmidt for property damage and caused summons to be served. Schmidt defaulted and in due course plaintiff proved up its case and obtained judgment for $10,935 property damage. Plaintiff then brought suit against defendant, as the insurer of Schmidt, for $5,000, being the amount of insurance provided by the policy of insurance. The attorney for…