Simmons v. State Farm Mut. Automobile Ins. Co.

The new Ford automobile owned by the community of acquets and gains between plaintiff and his wife was seriously injured from collision on November 26, 1941. He sues the defendant, a corporation domiciled in Bloomington, Illinois, for the amount necessary to restore the car to its former good condition, alleging that the defendant, by policy issued to the wife on October 29, 1941, insured her against loss of the character for which recovery is sought.

Defendant, in answer, admits the issuance of the policy and that the car was damaged, but denies liability for the reason that at the request of…