Yorkshire Ins. Co. v. Bunch-Morrow Motor Co.

Appellee recovered a judgment against appellant for damages to an automobile insured under a “collision policy” issued by appellant. t

Count 1 followed the Code form analogous thereto, and was sufficient as against the demurrer interposed. Code 1923, vol. 4, p. 503; Royal Exch. Ass’n v. Almon, 202 Ala. 374, 80 So. 456.

It is insisted the defendant was entitled to the affirmative charge both upon the theory of a failure on the part of plaintiff to furnish written proof of loss within GO' days as stipulated in the policy, and, also, by reason of failure of proof to show the car was damaged by…