Bryson

-June 17, 1921, the defendant issued its policy of indemnity insurance to Avran S. Tomich against liability for injuries by accident in the use of his Ford truck to “any person or persons other than passengers carried for an expressed or implied consideration” up to an amount not exceeding $10,000 in any one accident and not exceeding $5,000 to any one person, hut excluding “any liability imposed by any vrorkmen’s compensation act.” Under the heading “Schedule of Statements” the following appear:

The policy provides: “No action for the indemnity provided by this policy shall lie against the company except for reimbursement of the amount of loss actually sustained and paid in money by the insured in full satisfaction of a judgment duly recovered against the insured after final determination of the litigation ... it is a condition of this policy that the insolvency or bankruptcy of the insured shall not release this company from the payment of damages for injuries sustained or loss occasioned during the term this policy is in force; and provided, further, that in the event judgment shall be secured against such insolvent or bankrupt assured hereunder in an action brought by any…