Temperance Insurance Exchange v. Carver

TAYLOR, Chief Justice.

Petitioner alleges that about March 17, 1958, it issued a policy of liability insurance to one Coburn, indemnifying him against liability for injuries resulting to third parties from the operation of his automobile; that on November 9, 1958, Coburn so operated his automobile that it collided with a car being operated by one Baxter, resulting in the death of Baxter and his wife; that the insured and the injured parties claim a right of recovery against petitioner by virtue of the policy; that petitioner commenced an action against the insured and the heirs of the deceased…