Thomas v. Employers Liability Assurance Corp. Ltd. of London

Opinion by

Mr. Justice Schaefer,

This appeal by plaintiff is from a summary judgment entered for defendant on a question of law raised by the affidavit of defense.

Plaintiff, Mary C. Thomas, is the widow of Walter J. Thomas, who at the time of his death had a liability policy, covering operation of an automobile, in defendant company which expired three days thereafter. Before the death of Thomas, defendant had sent to Stall-smith, its local agent in York, a renewal policy for delivery to Thomas when the other one expired. Owing to his death, delivery had not been made and Stallsmith notified…