State Automobile & Casualty Underwriters v. Farmers Insurance Exchange

This is an appeal by the plaintiff, State Automobile and Casualty Underwriters, from an order of the District Court sustaining defendants’ demurrer to State Auto’s petition and dismissing the same. The motion for a new trial was overruled. State Auto assigns as error that: “The trial court erred in finding that State Auto did not have a cause of action against Farmers and Kline.” (Emphasis supplied.) Apparently State Auto elected to stand on its second amended petition because there is no complaint made that it was not permitted an opportunity to file an additional pleading.

State Auto’s…