Fidelity & Casualty Co. v. Herod

SIBLEY, Circuit Judge.

Curtis Herod obtained against Talmadge Ivy a judgment for $5,000 damages for a personal injury inflicted on Aug. 25, 1946, by Ivy in the operation °of a certain automobile. Herod, on return of nulla bona, sued Fidelity and Casualty Company on a policy of insurance by which the latter promised to pay on behalf of Ivy all sums which Ivy should become obligated to pay by reason of liability imposed by law for bodily injury caused by accident arising out of the ownership or use of the automobile. The Company’s answer admitted the-accident on Aug. 25, 1946, and the recovery…