Pinkerton

The appellant was sued upon an oral contract of public liability insurance claimed to have been made on May 5, 1933, between one Louis Vercesi and the appellant company. On May 7th, two days thereafter, appellee was injured in an automobile accident and recovered a judgment again Vercesi for damages to her for injury. The claim was based upon negligence on the part of Vercesi’s employee in the operation of the automobile truck said to be covered by the insurance. No part of the judgment thus obtained was paid and she caused writ of execution to issue. The writ was returned by the sheriff to whom issued unsatisfied.

The claim is that on the night of May 5, 1933, one Joseph Gallot, on behalf of Vercesi, conversed with Joseph Bobba, alleged agent for the appellant company under an agency agreement between appellant and Joseph Bobba covering Oakland, Cal., and vicinity; that the oral contract in suit was made in which appellant, company was insurer and Vercesi was the insured for liability to the extent of $10,-000 for injury to one person and $20,000 for injury to two or more persons.

The appellant denied the contract and authority of Bobba to enter into an oral contract, and upon…