Ellinger v. Indemnity Ins. Co. of North America

Opinion by

Mr. Chief Justice Frazer,

Plaintiff is the widow of James H. Ellinger, who died as a result of injuries received in a collision between decedent’s motorcycle upon which he was riding and an automobile driven by one Samuel Rubin. At the time of the accident Rubin held a policy of liability insurance executed by defendant, the terms of which provided, among others, that assured should be indemnified for any loss not exceeding $5,000 sustained by reason of liability imposed by law for bodily injuries or death resulting from the ownership, maintenance or use of the automobile described…