Ralph L. Dalrymple v. Alabama Farm Bureau

STAKELY, Justice. This suit was instituted by Ralph L. Dalrymple against the Alabama Farm Bureau Mutual Casualty Ins. Co.,
Inc., a corporation. There are a number of counts embraced in the complaint to each of which the defendant demurred. The court
sustained the demurrer and the plaintiff took a non-suit with leave to appeal to the Supreme Court. The case comes to this
court solely on the record. The plaintiff in each count alleges that he had a contract of liability insurance on his automobile with the defendant on
April 9, 1955, which was in full force and effect and describes and sets out the material provisions of the contract and avers
that on the 9th day of April 1955 the plaintiff had an automobile accident with one Joseph H. Croft and that Joseph H. Croft
did commence an action at law in the circuit court for damages to his automobile and for bodily injuries; that the bodily
injuries sustained by Joseph H. Croft were very serious and in excess of $5,000, the limits of the plaintiff's policy of insurance.
The defendant's knowledge of the fact of the accident and of the seriousness of the injuries and the probability of recovery,
are alleged. The defendant's opportunity to settle the suit within the limits of the policy is also alleged.