Strafiotis

fAppeal from a judgment recovered upon a policy of indemnity insurance issued by appellant to one Marion P. Daniels, a jitney driver operating in San Francisco. Respondent recovered judgment for $6,000 and $67 costs on November 12, 1925, against Daniels, for personal injuries caused by the operation of his jitney bus. After an appeal this judgment was finally affirmed on May 14, 1928. Execution was issued on such judgment against Daniels and returned satisfied on September 11, 1928, only to the extent of $1200. Thereupon, after due demand upon appellant, respondent commenced suit to recover the unpaid balance of the judgment, with interest. • The trial court rendered judgment against appellant in the sum of $4,867, the amount of the unsatisfied portion of the principal sum of the judgment against Daniels, $91.50 costs of appeal, $41.15 costs of execution, together with interest on the sum of $5,067 from November 12, 1925, to September 11, 1928, and interest on the sum of $4,867 from September 12, 1928.

The only question on appeal is whether this judgment is in accordance with the terms of the policy of indemnity insurance issued by appellant to Daniels. The pertinent provisions…