Union Marine General Ins. Co. v. Holmes

BROWN, Justice.

This is an action of assumpsit by the appellee against the appellant on a policy of insurance insuring the automobile of the plaintiff against damage by collision or upset. The complaint consists of two counts, the first count following substantially form 12 prescribed by § 223, Title 7, Code of 1940, averring that the amo'unt claimed is “due on a policy of insurance whereby the Defendant on the 8th day of February, 1943, insured the automobile of the plaintiff against damages by collision or upset.” Said count also avers that the “automobile which was insured under said policy…