Traders & General Insurance Company v. Martha Champ

225 F.2d 802 TRADERS & GENERAL INSURANCE COMPANY, a corporation, Appellant, v. Martha CHAMP, Helen Claassen, Frank Dueck, Gerry Dueck, Frederick Dueck, William Dueck and Margaret Dyck, Appellees. No. 14191. United States Court of Appeals Ninth Circuit. Sept. 6, 1955. Rehearing Denied Oct. 27, 1955. See 226 F.2d 829 . W. P. Smith, Jr., Jean Wunderlich, Los Angeles, Cal., for appellant. Joseph C. Smith, Los Angeles, Cal., Champion & Quinn, Paso Robles, Cal., for appellees. Before POPE, FEE and CHAMBERS, Circuit Judges. CHAMBERS, Circuit Judge. 1 Alma Louise Williams had an automobile accident on December 5, 1951. The following day, December 6, at Paso Robles, California, she received by registered mail from the appellant, Traders & General Insurance Company of Dallas, Texas, her insurance carrier, a notice that her public liability and property damage insurance was to be cancelled effective 12:01 a.m., December 4, a time already passed. The notice was dated November 28 and was signed by one W. Rowe Verschoyle for Traders. Under Verschoyle's signature appear the words 'authorized agent of the company.' He seems to have been otherwise not concerned with the sequence of…