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HARRISON v. ALLIED MUTUAL CASUALTY COMPANY

No. 50560.

113 N.W.2d 701 (1962)

William HARRISON, Appellant, v. ALLIED MUTUAL CASUALTY COMPANY, Appellee. ALLIED MUTUAL CASUALTY COMPANY, Third-Party Plaintiff, v. CENTRAL NATIONAL INSURANCE COMPANIES OF OMAHA, Third-Party Defendant.

Supreme Court of Iowa.

March 6, 1962.

Attorney(s) appearing for the Case

White, White, Prichard & Flores, Storm Lake, for appellant.

Herrick, Ary & Cook, Cherokee, for appellee.

SNELL, Justice.

This is an appeal from an order of the trial court sustaining defendant's motion to dismiss.

It is plaintiff's contention that the ruling of the trial court was based on matters not within the scope of proper inquiry in considering a motion to dismiss. We agree.

Chapter 516 of the Code, I.C.A. provides for a right of action against a liability insurance carrier in the event an execution against the insured is returned unsatisfied.<...

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