Tulare County Power Co. v. Pacific Surety Co.

The action was brought by plaintiff to recover upon a liability insurance policy, issued by defendant, dated June 18, 1913. Judgment was entered in favor of plaintiff for $5,460, with interest and costs, from which judgment defendant prosecutes this appeal.

From the allegations of the complaint it appears that plaintiff was a California corporation doing business in the county of Tulare and “between noon on the sixteenth day of June, 1913, and noon on the sixteenth day of June, 1914, was engaged in the business of operating and maintaining an electric light and power plant” in said county, together with extension lines and service connections, etc. “That on said eighteenth day of June, 1913, said defendant made its contractor’s public liability policy of accident insurance,” a copy of which was attached to and made part of the complaint, to portions of which we shall hereinafter refer. It was further alleged and found that, “on the eighteenth day of June, 1913, said defendant delivered said policy of insurance to this plaintiff, and plaintiff paid the full amount of the premium provided for in said policy of insurance, to said defendant.” It was found that said premium was paid…