Oscar England v. American Southern Insurance Company, a Corporation

ALBERT V. BRYAN, Circuit Judge:

Breach of the condition calling for notice to the insurer of an insured’s accident, American Southern Insurance Company asserts, voided its responsibility to defend and save Josephine Anderson and her driver harmless under an automobile liability policy it had issued to her. The company sued in the District Court for such a declaration. From a decree to this effect against the defendants— the named insured, the driver of the Anderson automobile, who was an additional insured, and a tort claimant against the two insureds — the claimant appeals. We think there was…