Carne v. Maryland Casualty Company

This suit in its final analysis is brought to recover excess over the policy limits of an automobile liability insurance policy. The trial judge sustained the plea in abatement on the ground that the cause of action did not survive. The plaintiff below has appealed, and counsel presented a learned and extended argument in which, conceding, as we understand it, that the recovery sought is in excess of the provision in the policy covering property damages.

The defendant in error issued to the plaintiff’s intestate an automobile liability policy which protected the intestate for damages growing…