Commercial Insurance Co. of Newark, New Jersey v. Rogers

FANNING, Justice.

The opinion of August 1, 1967, in this cause is withdrawn and the following opinion is rendered in lieu thereof.

An appeal from a judgment rendered in a county court at law. Appellee, as plaintiff, sued appellant insurance company, as defendant, upon a policy of insurance, for $728.49, for damages to her automobile. There was no dispute as to the above amount being the correct amount, as same was stipulated, and there was no dispute about the insurance policy being issued and a copy of same is in the record. Appellant’s defense was to the effect that the policy contained an…