MIDWESTERN INS. CO. v. CATHEY

No. 35338.

262 P.2d 434 (1953)

MIDWESTERN INS. CO. v. CATHEY.

Supreme Court of Oklahoma.

Rehearing Denied October 27, 1953.


Attorney(s) appearing for the Case

Savage, Gibson & Benefield, Oklahoma City, for plaintiff in error.

Hughey Baker, Tulsa, Schwoerke & Schwoerke; James E. Grigsby, Oklahoma City, for defendant in error.

Looney, Watts, Ross, Looney & Smith and Embry, Johnson, Crowe, Tolbert & Boxley, Ben L. Burdick, Oklahoma City, amici curia.


DAVISON, Justice.

Betty Cathey sued Harvey Johnson for the wrongful death of her husband resulting from an automobile collision. Harvey Johnson requested the Midwestern Insurance Company to defend the case because of an automobile policy Midwestern had issued insuring Johnson against such damages. Midwestern refused to defend the suit on the theory that the policy had been duly and timely cancelled for nonpayment of premiums.

After Cathey had obtained judgment...

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