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ENGLAND v. AMERICAN SOUTHERN INSURANCE COMPANY

No. 11083.

380 F.2d 137 (1967)

Oscar ENGLAND, Appellant, v. AMERICAN SOUTHERN INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 29, 1967.

Attorney(s) appearing for the Case

D. Grove Moler, Mullens, W. Va., for appellant.

Robert M. Richardson, Bluefield, W. Va., for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Breach of the condition calling for notice to the insurer of an insured's accident, American Southern Insurance Company asserts, voided its responsibility to defend and save Josephine Anderson and her driver harmless under an automobile liability policy it had issued to her. The company sued in the District Court for such a declaration. From a decree to this effect against the defendants — the named insured, the driver of the...

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