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DALZELL v. NORTHWESTERN MUTUAL INS. CO.

Docket No. 10327.

218 Cal.App.2d 96 (1963)

32 Cal. Rptr. 125

CHARLES T. DALZELL et al., Plaintiffs and Respondents, v. NORTHWESTERN MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

July 9, 1963.

Attorney(s) appearing for the Case

Rich, Fuidge, Dawson & Marsh and Charles C. Dawson for Defendant and Appellant.

Steel & Arostegui, Albert J. Arostegui, Padric L. Nelson and Weis, Weis & Harpham for Plaintiffs and Respondents.

SCHOTTKY, J.

Automobiles being operated respectively by plaintiff Dalzell and plaintiff Harrison were involved in a collision on April 9, 1958. Dalzell brought an action against Harrison and in November 1958 recovered a default judgment for $10,000, which defendant Northwestern Mutual Insurance Company, Harrison's liability insurance carrier, refused to pay, claiming that it had no knowledge until May 19, 1959 (too late to remove default) that Harrison had been served...

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