UNITED STATES CASUALTY CO. v. DREW

No. 4550.

5 F.2d 498 (1925)

UNITED STATES CASUALTY CO. v. DREW.

Circuit Court of Appeals, Ninth Circuit.

May 11, 1925.


Attorney(s) appearing for the Case

Warren Gregory, Allen L. Chickering, Evan Williams, and Donald Y. Lamont, all of San Francisco, Cal., for plaintiff in error.

Arthur H. Drew, of Fresno, Cal., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge (after stating the facts as above).

Error is assigned to the order of the court below overruling the demurrer to the complaint. It is contended that from the complaint it appears that one of the conditions of the policy was that the insured should make no settlement of any claim arising thereunder without the written consent of the company, and that the complaint shows that before liability under the policy was denied by the insurance company...

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