DOTSCHAY v. NATIONAL MUTUAL INSURANCE COMPANY

No. 16398.

246 F.2d 221 (1957)

Nick DOTSCHAY, for the use and benefit of Olympia ALFONSO, and Nick Dotschay, individually, Appellants, v. NATIONAL MUTUAL INSURANCE COMPANY of the DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals Fifth Circuit.

June 10, 1957.


Attorney(s) appearing for the Case

Harry Zuckerman, Gerard Ehrich, Miami, Fla., for appellant.

Henry Burnett, Miami, Fla., Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., of counsel, for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


RIVES, Circuit Judge.

The complaint was based on the alleged breach of duty of a liability insurer to settle or compromise a claim. The district court was of the opinion that the insured could not sue for the use of the injured party, that the cause of action on the part of the insured himself did not accrue until he had satisfied the judgment against him, and since that had not been done, the court dismissed the action "with prejudice as to the plaintiff Nick Dotschay...

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