Rosaia

Ohio Casualty Ins. v. Rosaia

Good Law
74 F.2d 522·1935 U.S. App. LEXIS 3462
United States Court of Appeals for the Ninth CircuitJanuary 7, 1935No. 7413California1,888 words

Opinion

Lead Opinion

Wilbur, J.

Ralph Sidis and Seniuru Sidis-, husband and wife, recovered judgment for $4,050.80 in the superior court of King county, Wash., against George P. Rosaia and his wife and daughter for injuries received by Mrs. Sidis in an automobile accident. The defendants therein then brought this action in the District Court of the United States for the Western District of Washington, Northern Division, against the appellant, the Ohio Casualty Insurance Company, upon a policy of automobile casualty insurance issued April 10, 1920, to George P. Rosaia covering a Studebaker sedan owned by him and his wife, which policy was in effect at the time of the accident. Appellees recovered judgment against that. company for $6,157, being the full amount of the judgment recovered against them in the state court, together with their expenses incurred in that action. From this judgment of the District Court the insurance company appeals, claiming that it is released from liability because the insured failed to comply with the condition of the policy requiring immediate notice of the accident. Notice was not given the company until a year and a half after the accident. Mr. Rosaia heard nothing of the accident…

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