Central Mutual Insurance Co. v. Whetstone

Dell, Chief Justice.

In this action plaintiff company seeks to recover from defendant a certain sum of money which it paid to its assured under a contract of insurance. Following a trial by the court without a jury, findings of fact and conclusions of law were made in favor of the plaintiff and judgment duly entered. Defendant appeals from this judgment.

Defendant owned and operated a small, school transportation service. One of the vehicles used in connection with this service was a 1951 Plymouth sedan owned by the defendant. This automobile was used as an auxiliary school bus and as a shuttle…