CAMPBELL v. ALLSTATE INS. CO.

Docket No. S.F. 21322.

60 Cal.2d 303 (1963)

384 P.2d 155

32 Cal. Rptr. 827

LOVI CAMPBELL et al., Plaintiffs and Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

August 15, 1963.


Attorney(s) appearing for the Case

Athearn & Athearn, Forden Athearn and Barry M. Wally for Plaintiffs and Appellants.

Walcom & Harmon and Leo J. Walcom for Defendant and Respondent.


GIBSON, C.J.

Plaintiffs brought this action to compel defendant insurer to pay a default judgment they had obtained against its insured, Marvin Hammer. The court, sitting without a jury, denied recovery, and plaintiffs have appealed.

In November 1954 plaintiffs stopped their automobile at a stoplight and were struck from the rear by an automobile driven by Hammer. The police report of the accident states that Hammer was cited for following too closely and...

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