WALTERS v. WEST AMERICAN INS CO (1935)

Supreme Court of California.

WALTERS v. WEST AMERICAN INS. CO. et al.

Civ. 9253.

Decided: April 15, 1935

Chapman & Chapman, of Los Angeles, for appellant. Holland & Holland and Kenneth D. Holland, all of Los Angeles, for respondent.

The petition for hearing in this cause is denied upon the ground that the evidence, as held by the District Court of Appeal, Second District, Division 2 [41 P.(2d) 355], fails to establish the existence of an oral contract of insurance. We expressly withhold approval, however, from that portion of the opinion which tends to indicate that an oral contract of insurance, even if shown to exist, would not inure to the benefit of a person injured by the insured and holding an uncollectible money judgment recovered for such injuries. This latter conclusion was unnecessary to the disposition of the cause, and we therefore refrain from approving the same and express no opinion thereon.

PER CURIAM.

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