Purcell v. Pacific Automobile Insurance Co.

This is an appeal from a judgment in favor of the defendant in an action upon a policy of automobile “public liability” insurance. Under the terms of the policy, if valid and in force at the time of the accident, defendant would have been liable to plaintiff for the amount of his damages, limited, of course, to the amount of the policy, in the event the insured failed to pay such damages. A judgment had been recovered against the insured and execution levied thereon, but it remained unsatisfied at the time this action was commenced.

The policy of insurance was to be effective for a year from…