Globe Indemnity Co. v. Cooper Motor Lines, Inc.

The unanimous Opinion of the Court was delivered by

Mr. Associate Justice Fishburne:

The appeal is from an order of the Circuit Court overruling plaintiff’s demurrer interposed to the fifth defense and to the sixth defense of defendant.

As shown by the allegations of the complaint, the plaintiff issued to a corporation known as Cooper Motor Express, a policy of liability insurance on or about May 22, 1941, for a period of one year. This policy provided for bodily injury and for property damage. The premium was based on a percentage of the gross revenue of the corporation.

On or about March 16,…