Finkelberg v. Continental Casualty Co.

— The appellant instituted an action in the superior court against the respondent for the recovery upon a certain automobile insurance policy, issued by respondent company to one T. Tanaka. To the complaint of appellant, respondent filed its answer *544denying the allegations of the complaint; and, by way of affirmative defense, alleged that the policy of insurance had been canceled and that no notice of the suit of appellant against T. Tanaka had been given to respondent. Appellant filed a demurrer to the answer. At the time of the trial, respondent admitted the allegations of the complaint, the…