Frank Florio, Plaintiff-Appellee-Appellant v. General Accident Fire & Life Assurance Corp., Ltd., Defendant-Appellant-Appellee

MOORE, Circuit Judge:

Plaintiff brought this diversity action against defendant General Accident Fire & Life Assurance Corp., Ltd. under § 167 of the New York Insurance Law, McKinney’s Consol.Laws, c. 28 1 to recover a judgment of $10,161.87 obtained against the owner of a motor vehicle insured by defendant. Plaintiff was injured on September 14, 1949, in a collision between his truck and a truck driven by Clifford George Allen and owned by Peter Guittard. Defendant has conceded that at the time of the accident Peter Guittard was covered by a policy issued through its agent Arthur Brindley &…