Ritter v. California Highway Indemnity Exchange
EDITH S. RITTER, Respondent, v. CALIFORNIA HIGHWAY INDEMNITY EXCHANGE (An Association), Appellant
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of the City and County of San Francisco
- Trial judge
- Louis H. Ward
- Outcome
- reversed — Reversed.
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
THE COURT.
The sole question presented on this appeal is whether or not plaintiff has a cause of action directly against the defendant insurance carrier for personal injuries received by her while riding as a passenger in the jitney bus of one Sam Euphrat, under the terms of an insurance policy carried by Euphrat and under the provisions of a certain ordinance of the city and county of San Francisco. Euphrat died as a result of injuries received in the accident, so that any cause of action against him abated with his death.
The very question here presented, involving the same insurance policy and growing out of the same accident, has recently been decided by the District Court of Appeal.
(Severns v. California Highway Indemnity Exch., 100 Cal. App. 384 [280 Pac. 213].)
*792 In that case it was held that the insurance policy carried by Euphrat was simply an undertaking to pay any final judgment which the injured person might obtain against the assured, and that the obtaining of such final judgment constituted a condition precedent to any action which the injured person might have against the insurance carrier.
We are in entire accord with this conclusion and the by which it was reached. It would serve no useful purpose to repeat in this opinion what was said by the Court of Appeal in the Sevcrns case.
On the authority and reasoning found in Sevens v. Highway Indemnity Exch., supra, the judgment from is reversed.
Cites, in this corpus
- Severns v. California Highway Indemnity Exchange Docket No. 6953. · 1929-08-20
Cited by
- Girard v. Commercial Standard Insurance Civ. No. 12706 · 1944-10-24