Stacey v. Fidelity & Casualty Co.

The action against the insurance company is based upon the provisions of Sections 9510-3 and 9510-4, which provide in part as follows:

“Whenever a loss or damage occurs on account of a casualty covered by such contract of insurance, the liability of the insurance company shall become absolute, and the payment of said loss shall not depend upon the satisfaction by the assured of a final judgment against him for loss/ or damage or death occasioned by such casualty.”'

And again: “Upon the recovery of a final judgment * * * for loss or damage on account of bodily injury or death, if the defendant…