Fratis

In August 1965 plaintiff's husband was killed in an automobile collision with a car driven by William McConkey. Her wrongful death action resulted in a damage judgment against McConkey. Plaintiff then filed the present action on the judgment, seeking recovery from Fireman’s Fund American Insurance Companies (Fireman’s Fund), which had issued an automobile liability policy to McClatchy Newspapers. Her theory was that McConkey had been an additional insured under the McClatchy policy. A jury trial resulted in a verdict against Fireman’s Fund, which appeals from the judgment.

In plaintiff’s wrongful death action McClatchy Newspapers was an unserved defendant. At the time of the accident McConkey was working under a commission contract as a subscription solicitor for the McClatchy firm. The written contract provided McConkey an automobile mileage allowance away from his “home base.” While the wrongful death suit was pending, McConkey received a discharge in bankruptcy and disappeared from the scene. His attorney withdrew from the action. Plaintiff’s attorneys then informed Fireman’s Fund and McClatchy Newspapers by letter that plaintiff intended to take a default judgment…