Indemnity Insurance Co. of North America v. Rutherford Freight Lines, Inc.

Whittle J.,

delivered the opinion of the court.

A notice of motion for judgment was filed by Indemnity Insurance Company of North America, plaintiff, against Rutherford Freight Lines, Incorporated, defendant, seeking to recover the sum of $5,780.30, with interest thereon from January 15, 1947. The basis of the action is as follows: Rutherford Freight Lines, Incorporated, carried insurance against liability for property damage and bodily injury under a policy written by the plaintiff insurance company on September 1, 1945. This policy expired August 31, 1946. The experience of this risk had been…