Pigg

The deceased, William R. Pigg, was injured by a motor vehicle driven by T. Knnitake. The latter was insured against liability by the defendant and appellant. William R. Pigg recovered judgment against Kunitake for Ms injuries, and, the judgment remaining unpaid after death of said Pigg, his executrix brought this action against the appellant under one of the provisions of the liability insurance policy sold to Kunitake. This provision was made in pursuance of an act of the legislature. (Stats. 1919, chap. 367, p. 776.) This statute requires such a liability policy to state that insolvency of the insured shall not release the insurance carrier, and to state that “in case judgment shall be secured against the insured . . . then an action may be brought against the company. ...” In Marple v. American Automobile Ins. Co., 82 Cal. App. 137 [ 255 Pac. 260 ], we held that insolvency of the insured was not a condition to such action against the company, but that it was only necessary to obtain a judgment against the insured. In view of this authority it is unnecessary for us to consider the appellant’s claim that the evidence did not support the trial court’s finding of the insolvency of…