Commercial Casualty Ins. Co. v. Hubert

FOSTER, Justice.

This is an action on a policy of liability insurance by the insured, against whom plaintiff claims that a liability was fixed by the judgment of a court of competent jurisdiction. Plaintiff paid the judgment and seeks to be reimbursed for so doing.

Appellant insists that count 1, which is the only count on which the case was tried (count 2 was withdrawn), does not sufficiently show the terms of the policy, or the period of its duration, and that jts averment that the policy was in full force and effect is the conclusion, of the pleader, as declared in National Life & Accident…