Merriman v. Maryland Casualty Co.

After recovering a judgment by default against one O. E. Bowman for personal injuries, the plaintiff brought this action against the defendant upon a liability insurance policy issued by it to Bowman. In its answer, the defendant sought the right to defend upon the merits as against the plaintiff’s claim that he was personally injured through the fault and negligence of Bowman. To the answer was attached a copy of the insurance policy. The plaintiff interposed a demurrer to the answer, which was sustained. The defendant declined to plead further and elected to. stand upon its answer. Judgment…