Moral Ins. Co. v. Moon
Moral Ins. Co. v. Moon
Opinion of the Court
The parties hereto are referred to herein as they appeared in the trial court.
Plaintiff, T. J. Moon, sued defendant, Moral Insurance Company, alleging that on May 3, 1952, he was the holder of a contract of insurance issued to him by defendant covering a 1946 Chevrolet automobile indemnifying him for any loss or damage thereto due to collision or upset and that on said date the automobile was involved in an accident whereby it sustained damage in the amount of $500. Prayer was for judgment against the defendant for $450, the amount of damage sustained less $50 deductible, as provided in the policy.
Defendant’s answer was an unverified general denial.
Trial was had to a jury and plaintiff was called as a witness. Plaintiff testified that he had purchased the insurance policy in question and it was introduced in evidence without objection. Plaintiff also testified that his automobile was damaged as alleged in the petition and that he had notified defendant of his loss and had made a claim and submitted a proof of loss to the company, but had never been paid.
Upon cross-examination, counsel for defendant attempted to inquire as to whether or not the premium paid by plaintiff had actually been sent to the defendant. Plaintiff objected to this line of cross-examination and the objection was sustained. Counsel for defendant then stated that defendant admitted the issuance of the insurance policy but that in avoidance thereof he intended to show that the premium had not been received by defendant and that the policy had been cancelled prior to the date of the accident. Plaintiff objected to such tendered proof and the objection was sustained. Counsel for defendant then stated that it had no other or further defense. The court then on motion of plaintiff directed a verdict for plaintiff in the amount of $450.
Defendant appeals, urging three propositions of error. The basis for all of defendant’s propositions is his contention that he was entitled to prove non-payment of premium to the defendant and cancella
We find no error in the judgment appealed from, and it is therefore affirmed.
Supersedeas bond having been filed herein and our attention having been called thereto, judgment is rendered accordingly in favor of plaintiff thereon.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.