A liability policy of insurance issued to the owner of an automobile, insured him against damages for personal injuries sustained by any person or persons caused by the operation of his automobile, and contained a clause that the insured should co-operate with the insurance company in the defense of any suit for damages brought against him, in the finding of evidence, procuring attendance of witnesses, c. The policy further provided that if judgment against the insured for such personal injuries was not satisfied in thirty days after it was rendered, the person recovering such judgment could proceed against the insurance company, but that such person or persons were limited in recovering from the insurance company under the terms of the policy. In a suit brought by a person injured by the insured, which was defended by the insurance company, the insured failed to attend in court on the day of trial, without any reasonable or valid excuse therefor. Held, that such failure to co-operate on the part of the insured was a valid defense to an action brought by an injured person who was unable to collect a judgment against the insured.
PER CURIAM.
The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered in the Supreme Court by Circuit Court Judge Dungan. For affirmance — THE CHANCELLOR, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, BROGAN, HEHER, KAYS, HETFIELD, WELLS, KERNEY, JJ. 13.
For reversal — None.