Rice v. Aetna Casualty and Surety Company

Defendant’s assignments of error present these questions:

1. Did the court err in overruling defendant’s motion for judgment on the pleadings?

2. Was there evidence on which the court could conclude that the Pontiac was “an uninsured motor vehicle” as that phrase is defined in the policy issued plaintiff?

The answer to the first question is “No.” The complaint specifically alleges that the Pontiac was an uninsured motor vehicle as this phase is defined in plaintiff’s policy. The conditional assertion in the reply that if, in fact, Thornton was insured as alleged by defendant the insurance was…