accepting copy of voluntary endorsement and testimony of employer that policy had been issued but destroyed after it expired as evidence that the policy was issued
How later courts described this case
- accepting copy of voluntary endorsement and testimony of employer that policy had been issued but destroyed after it expired as evidence that the policy was issued
Written by the judges who cited it.
The opinion
On Motion for Rehearing
On motion for rehearing, Dealers National Insurance Company, appellant, complains of our statement in the opinion herein that appellant in his first amended original answer filed a sworn pleading denying all of appellee’s allegations. After re-examining the pleadings, we find that the appellant is correct.
*677 While appellant attached an oath to the first amended original answer filed by it, it limited the oath to Sections II and III, pages 1-2 thereof, not material here, and did not extend its verifications to all of the allegations. Appellant denied that the voluntary endorsement was in effect, but it was not denied under oath in the amended answer. We accordingly correct any reference to verifications in the amended answer.
Remaining convinced that this case was correctly decided we overrule appellant’s motion for rehearing with the above corrections.
It is so ordered.