Waen
Waen v. Ohio Farmers Insurance Co.
Opinion
Opinion
Spence, J.
Plaintiff herein had judgment against Mrs. Dora Lewis for the sum of $2,000 in an action brought to recover damages for personal injuries sustained in an automobile accident. Said judgment became final and after execution had been returned unsatisfied, plaintiff brought this action against Mrs. Lewis’ insurance carriers claiming the right to judgment against them under the provisions of Statutes of 1919, chapter 367. Upon a trial by the court sitting without a jury, plaintiff had judgment against defendants Ohio Farmers Insurance Company, a corporation, and Ohio Farmers Indemnity Company, a corporation, from which judgment said defendants appeal.
Appellants state that there are two questions involved on this appeal. The first of these questions as presented by appellants is, “Can a judgment against an insurance carrier be sustained for a loss against which the insurance carrier did not indemnify f ’ ’ This point arises by virtue of the fact that the ■ two appellants issued what is frequently termed a combination policy and the trial court gave judgment herein against both appellants. The point is urged solely on behalf of appellant Ohio Farmers Insurance Company. It is contended…