United States Fidelity & Guaranty Co. v. Yeates

With respect to the bill

of complaint, appellant’s insistence is that the showing of a judgment for complainant against Wm. It. Remond, even with the showing that the real person, who was sued and served with process, and who actually appeared and defended the suit, without objection because of the misnomer, was If. W. Remond, is not sufficient to fasten liability upon the appellant company as insurer of N. W. Remond, under the provisions of sections 8376 and 8377 of the Code. These statutes impose an absolute liability upon the insurer when the loss or damage for which the insured is liable…