1. Under the provisions of chapter 153, Pamph. L. 1924, as amended by chapter 194, Pamph. L. 1931, the injured parties have no rights under an indemnity insurance policy until there is an unsatisfied judgment against the assured. Then, "the terms of the policy" mean such terms as would permit the assured to recover, or prevent him from recovering from the insurer in the event that the assured paid the judgment.
2. Plaintiffs brought suit for personal injuries against a motor company and its driver, resulting in a verdict for the motor company but judgments against the driver. At the time plaintiffs were injured, there was in effect an indemnity insurance policy issued by defendant insurance company to the motor company, and the insurer assumed complete charge and control of the litigation on behalf of the owner and driver, and continued to represent the driver after a directed verdict was rendered in favor of the owner, although it advised the driver by letter, prior to trial, that it would not represent him, and he did not appear or take part in the suit. They brought this suit against the insurer under chapter 153, Pamph. L. 1924, as amended, contending that by reason of its conduct in the control and management of the litigation it became responsible for the judgments there recovered against the driver of the car. Held, that since the policy did not cover the driver, nor the car when not used upon the business of the motor company, plaintiffs had no rights under the policy for there was no unsatisfied judgment against the assured, and there was no conduct on the part of the insurer tending to enlarge the scope of its undertaking under the policy.
PER CURIAM.
The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Judge Palmer.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 15.
For reversal — None.