Sanderson

As stated by appellant, “this is an action upon a policy of liability insurance wherein the injured party and judgment creditor seeks to recover from the insurance carrier the amount of a judgment obtained against the assured. The defense is based upon the violation of provisions of the policy by the assured.”

The policy referred to, dated December 23, 1929, was issued by appellant to Mrs. Maud S. Mallett of Berkeley, Cal., owner of a certain Buick automobile, and insured her against loss arising out of accidents to a,ny person or persons for which the said owner is liable for damages. On January 29; 1930, said automobile was operated by Helen Mal-lott with permission of her mother, said Mrs. Maud Mallett, and on that date, due to the negligence of Helen Mallett in the operation of said automobile; appellee, father of Mrs. Mallett, sustained injuries to his person. Appellee brought an action in the state court against Mrs. Mallett and Helen Mallett based upon the negligence aforesaid, and recovered a judgment against them for the sum of $5,-501.

In the complaint filed in the instant ease, appellee sets forth the same allegations of negligence, recovery of the judgment in the…