Eva Hines v. Royal Indemnity Company

SHACKELFORD MILLER, Jr., Circuit Judge.

Appellant obtained a default judgment in the state court against Jessie Rudolph, arising out of personal injuries suffered in an automobile accident caused by Rudolph’s negligent operation of his Oldsmobile sedan. The appellee insurance company had issued its liability indemnity insurance policy to Rudolph covering the Oldsmobile. Rudolph having failed to pay the judgment, the appellant filed suit in the District Court against ap-pellee under the terms of its policy. Ap-pellee defended on the ground that the insured had not given it written notice of the…