Motors Insurance Corporation v. Stewart

LAWSON, Justice.

On October 13, 1952, Herron Pontiac Company of Meridian, Mississippi, sold a 1952 Pontiac automobile to Medford Frank Stewart, of Toxey, Choctaw County, Alabama, under a conditional sale contract. As a part of the transaction Motors Insurance Corporation issued its policy of insurance insuring the automobile against fire and also against “collision or upset.”

The front part of the automobile was damaged to some extent when it came in contact with the side of a bridge on the night of January 29, 1953. The accident occurred some time between ten o’clock and midnight at a point…