American Surety Co. of New York v. Fowler

TATE, Judge.

The appellant Fowler is the defendant in a suit to recover damages allegedly resulting from his negligent operation of his Pontiac automobile. By third-party demand he impleaded a liability insurer (State Farm) which had issued to him a policy covering his operation of the Pontiac. After trial, the District Court dismissed Fowler’s third-party demand, holding that the evidence showed that State Farm had cancelled the policy effective as of before the accident causing the damages sued for.

The issue raised by Fowler’s appeal is whether the evidence supports the trial court’s…