GLOBE INDEM. CO. v. UNIVERSAL UNDERWRITERS INS. CO.

Docket No. 19405.

201 Cal.App.2d 9 (1962)

20 Cal. Rptr. 73

GLOBE INDEMNITY COMPANY, Plaintiff and Respondent, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY OF KANSAS CITY et al., Defendants and Appellants.

Court of Appeals of California, First District, Division One.

March 7, 1962.


Attorney(s) appearing for the Case

Berry, Davis & Channell and Richard G. Logan for Defendants and Appellants.

Appelbaum, Mitchell & Bennett and Bryant M. Bennett for Plaintiff and Respondent.


TOBRINER, J.

As we point out later in more detail, the insurance carrier's attempt here to escape liability for the loss accruing from the negligence of a permissive user must fail. The carrier cannot retreat into the restrictions of an asserted special condition because that condition depended for operative effect upon certification, and the policy was never certified. As of the date of the liability here, the provisions of the applicable financial responsibility...

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