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FIDELITY & CASUALTY CO. OF NEW YORK v. GENOVA

No. 7200.

90 F.2d 874 (1937)

FIDELITY & CASUALTY CO. OF NEW YORK v. GENOVA.

Circuit Court of Appeals, Sixth Circuit.

June 4, 1937.

Attorney(s) appearing for the Case

William Howell, of Cleveland, Ohio (Howell, Roberts & Duncan, of Cleveland, Ohio, on the brief), for appellant.

M. C. Harrison, of Cleveland, Ohio (Alfred Lawrence, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The statute of Ohio (G.C. § 9510-3 and section 9510-4) provides that if judgment in an action for personal injuries is not paid within thirty days after rendition, the judgment creditor may commence an action against the insurance company which had a policy with the defendant, and may pursue that company directly to the extent of its coverage.

Under this statute the appellant and Sam Mendise were sued in the state court by Genova...

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