Continental Insurance Companies v. Stanley

John A. Fogleman, Justice.

Lawrence Derby d/b/a Lawrence H. Derby Insurance Agency sued appellee Franklin Stanley, seeking judgment on a note given by Stanley for payment of the premium on a hail insurance policy on the 1974 tomato crop of Stanley. Derby obtained the policy from appellant, The Continental Insurance Companies. There appears to have been a loss which came within the coverage of the policy. Stanley answered Derby’s complaint alleging that he was not liable to Derby because appellant owed him more than the amount of the premium for loss sustained from hail damage. He filed a third…