Opinion
Gen. No. 9,446. (Abstract of Decision.)
Opinion filed May 28, 1945 Released for publication June 23, 1945
AUTOMOBILES AND MOTOR VEHICLES, § 63 — when complaint in suit for indemnity insurer's failure to defend action is subject to motion to strike. In suit for use of casualty company against automobile indemnity association for damages alleged to have been sustained as result of defendant's failure to furnish legal defense to plaintiff in prior automobile-accident action against plaintiff and its alleged agent, held that, under provisions of insurance policies and all of other circumstances of case, plaintiff's amended complaint and exhibits attached thereto, considered in light most favorable to plaintiff as to facts well pleaded, was subject to defendant's motion to strike for failure to state cause of action, and that suit was properly dismissed at costs of plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of McLean county; the Hon. WILLIAM O. RADLIFF, Judge, presiding.
Judgment affirmed. Heard in this court at the May term, 1945.
Bracken, Livingston, Murphy Barger, for appellant;
Thomas M. Barger, Jr., of counsel;
Hal M. Stone, for appellee.
Not to be published in full. Opinion filed May 28, 1945; released for publication June 23, 1945.