Goss v. Security Insurance

TYLER, P. J.

This is an action against an insurance carrier on a policy of automobile liability insurance. The facts leading up to the controversy show that plaintiff herein in a certain action recovered a judgment against certain defendants by reason of the negligent operation of an auto-truck. This judgment was affirmed on appeal.

(Goss

v.

Pacific Motor Co.,

85 Cal. App. 455 [259 Pac. 455].)

[579]

Pacific Motor Company was a business consisting of a garage and automobile repair-shop, operated by certain Japanese. It was not in itself a corporation, nor in any other respect a legal entity.

On October 24, 1924, execution issued in the action above referred to and was returned unsatisfied except as to the sum of $597.37, which was paid on the judgment. Defendants being proof against further execution, this action was brought by plaintiff against defendant under the provisions of the act of the legislature approved May 21, 1919, relating to actions against an insurance carrier, when the insured person is insolvent or bankrupt or without property sufficient to satisfy execution on account of loss or damage insured against. The form of the judgment above referred to, which plaintiff recovered, was against three Japanese named individually and as copartners doing business under the firm name and style of Pacific Motor Company. Prior to the injury for which the judgment was given, defendant company had issued a policy of insurance in favor of “Pacific Motor Company”, indemnifying said insured in the sum of $5,000 against a final judgment arising out of the operation of the automobile of the insured. It is upon this policy that the present action is based. At the trial plaintiff was unable to produce the original policy, but did establish its existence and form by the testimony of the broker and defendant’s general auditor. The insured under the terms of the policy was Pacific Motor Company. The judgment in the action of

Goss

v.

Pacific Motor Company,