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FRANK et vir v. NASH et al.

166 Pa.Super. 476 (1950)

Frank et vir v. Nash (et al., Appellant).

Superior Court of Pennsylvania.

March 14, 1950.

Attorney(s) appearing for the Case

John J. McDevitt, 3rd, with him Paul A. Mueller and Peter P. Liebert, 3rd, for appellants.

W. Hensel Brown, with him William C. Storb, for appellees.

Before RHODES, P.J., HIRT, DITHRICH, ROSS, ARNOLD and FINE, JJ. (RENO, J., absent.)

OPINION BY ARNOLD, J., March 14, 1950:

In this attachment execution the question involved is whether an insurance carrier in an automobile liability policy is relieved from indemnification when the insured does not promptly furnish suit papers to the insurer, regardless of whether the insurance carrier is prejudiced.

The appellant insurance company issued an automobile liability policy to Clarence A. Nash, whereby it was bound to pay all sums which the insured...

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