Caldwell
General Acc. Assur. Co. v. Caldwell
Opinion
Lead Opinion
Wilbur, J.
Roy T. Caldwell, plaintiff and appellee herein, recovered a judgment in the superior court of the state of California against one Charles Roehm for the sum of $5,124.51 for injuries received on account of being struck by a Willys-Knight automobile owned and operated by the said Charles Roehm. At the time of said accident Charles Roehm carried a policy of public liability insurance upon said automobile with the defendant, General Accident Assurance Corporation, Limited, providing for a coverage in the amount of $20,000 for injuries to any one person. This policy of insurance was taken out by Charles Roehm and placed with the defendant insurance company through Ralph T. Goldsmith, an insurance broker in the city and county of San Francisco, at the latter’s solicitation, and the premiums were paid by Roehm to Goldsmith and by Goldsmith to the defendant insurance company. Likewise the policy of insurance was delivered by the defendant insurance company to Goldsmith for delivery to said Charles Roehm, which delivery to Roehm was made prior to the date of the' accident. The judgment for $5,124.51 having become final and no part of it having been paid, Roy T. Caldwell, appellee herein,…