Central National Insurance Co. of Omaha v. Piotrowski

ALLEN, Judge.

The appellees here sued the insureds for damages resulting from an automobile accident which occurred January 8, 1958. The insurer (appellant here) defended the tort case and filed a counterclaim. Depositions of the plaintiff and the insured husband were taken.

The defendant-insureds in the tort action, without notifying the insurer left Florida in April, 1959, to take up residence in California. On June 4, 1959, the insurer’s attorneys wrote defendant-insureds telling them they would have to attend the trial. The insureds replied stating they had just arrived, were not over their…