Johnson v. U. S. Fidelity & Guaranty Co.

The petition set forth a cause of action, unless the plaintiff’s loss was not covered by the policy of insurance issued him by the plaintiff. The loss was clearly one against which the policy covered, if not excluded by Exclusion (d) quoted in the foregoing statement of fact.

There is no question but that a deputy sheriff occupies the dual capacity of public officer and servant of the sheriff under whom and by whose appointment he serves, a sort of hybrid status.

The Supreme Court has held that for the purposes of being paid benefits under the County Employees Pension Act of 1937, a deputy…