No explicit charge of negligence need be made, but it is sufficient if the facts stated are such as to raise a duty and show failure to perform. Miller v. S.S. Kresge Co., 306 Ill. 104, 137 N.E. 385 (1922); Petersen v. City of Gibson, 322 Ill. App. 97, 54 N.E.2d 79 (1944); North West Cab Co. for Use of Chamberlain v. Central Mut. Ins. Co., 266 Ill. App. 192 (1932). The facts alleged in the counterclaim adequately meet this test.
The rule does not apply when the wording is not that of the insurer but is taken from the statute. MacBey v. Hartford Accident Indemnity Co., ___ Mass. ___, 197 N.E. 516; Frozine v. St. Paul Fire Marine Ins. Co., 195 Wis. 494, 218 N.W. 845; Sturgis Nat. Bank v. Casualty Co., 252 Mich. 426, 233 N.W. 367. The opinion in North West Cab Co. v. Central Mut. Ins. Co., 266 Ill. App. 192, is not to the contrary. In that case was involved only the question of the territory covered by the policy.