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CLEMENTS v. PREFERRED ACC. INS. CO.

No. 8700.

41 F.2d 470 (1930)

CLEMENTS v. PREFERRED ACC. INS. CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

May 28, 1930.

Attorney(s) appearing for the Case

John H. Atwood, of Kansas City, Mo. (Harris, Reinhardt & Russell, of Chicago, Ill., and Atwood, Wickersham, Hill & Chilcott and Elon J. Levis, all of Kansas City, Mo., on the brief), for appellant.

Lowell R. Johnson and Charles M. Miller, both of Kansas City, Mo. (Henry M. Shughart, of Kansas City, Mo., on the brief), for appellee.

Before BOOTH and GARDNER, Circuit Judges, and SANBORN, District Judge.

SANBORN, District Judge.

In May, 1921, James P. Newell lived in Chicago, Ill. He had a sixteen year old son, David, an automobile, and a policy of casualty insurance written by the Preferred Accident Insurance Company of New York, No. A. D. 538044. This policy contained the following provisions:

"The Preferred Accident Insurance Company of New York Does Hereby Agree

"(1) To indemnify, within the limits of liability expressed in Condition `L' hereof...

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