McGinnis v. General Exchange Insurance

The opinion of the court was delivered by

Ti-iiele, J.:

This is an appeal from an order overruling a demurrer.

Suit was instituted against the General Exchange Insurance Corporation as sole defendant. The original petition alleged that on September 29, 1928, the insurance corporation issued its policy insuring plaintiff against loss by theft of a described automobile; that on September 1, 1929, the automobile was stolen; that proof of loss was made, but that the insurance corporation refused to pay. Judgment for the face of the policy and for an attorney’s fee was asked. The terms of the…