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eBook details

• Title: Genyth C. Mckee Et Al. v. Exchange
• Author : Supreme Court of Alabama
• Release Date : January 19, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

SIMPSON, Justice. This appeal seeks to review a declaratory judgment decree rendered by the Circuit Court of Jefferson County, in Equity, wherein it was ruled that there was no liability on an insurance policy claimed to have been issued to Walter P. Clark, who had been a salesman for Edmunds Motor Company. Clark had been a salesman for Edmunds Motor Company in Birmingham and had purchased an automobile from said Motor Company under its demonstrator plan. He took out liability insurance with appellee, Employers Fire Insurance Company, under a master policy it had issued to the Motor Company and a certificate of participation was issued to Clark. In January or February, 1956, while the policy was in force, Clark had a wreck and his automobile was destroyed. He did not own a car thereafter, but used various other people's automobiles, including his mother's. On May 15, 1956, Clark had borrowed his mother's car and was using it for both business and pleasure and on that day collided with Mrs. McKee, appellant, and seriously injured her. The McKees filed actions against him on the law side of the Tenth Judicial Circuit Court. On trial of these cases, judgments were rendered for the McKees in the amount of $14,000.

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