Norwich Union Fire Insurance Society Limited v. Glasser

224 F.2d 385 NORWICH UNION FIRE INSURANCE SOCIETY LIMITED, a corporation, and Norwich Union Indemnity Company, a corporation, Appellants, v. Kenneth Carol GLASSER and Elmer A. Glasser, Appellees. No. 14325. United States Court of Appeals Ninth Circuit. July 13, 1955. Foley, Branson & Limpert, Francis N. Foley, San Mateo, Cal., for appellant. S. Lee Vavuris, James C. Purcell, Michael Riordan, San Francisco, Cal., for appellee. Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges. ORR, Circuit Judge. 1 Appellants issued an insurance policy to one Joe A. Svetina insuring him against liability for bodily injury sustained by any person and caused by accident in the use of an automobile covered by the policy. 2 On a complaint charging Svetina with injuring Kenneth Carol Glasser, son of Elmer A. Glasser, by negligently and carelessly driving and operating an automobile, the Glassers recovered a money judgment in the superior court of the state of California in and for the county of San Francisco. An execution was issued and returned unsatisfied. Later an action against appellants, as insurers, was filed by appellees in the state court and upon petition of appellants was…