Totten v. Underwriters at Lloyd's London

This is a companion case to Talizin v. Oak Creek Biding Club, No. 18457, this day decided, ante, p. 429 [1 Cal.Rptr. 514]. Plaintiffs in this case, who will be referred to as “the Tottens,” are the defendants in that case. They had procured from the defendant insurers a policy of liability insurance, which was in effect at the time of the accident, but the insurers denied that the policy covered the liability asserted in the Talizin case. The Tottens therefore, after judgment went against them in the Talizin case, instituted this action against the insurers.

Two questions are presented: 1. Was…