Luges v. Windell

Citations

• 116 Wash. 375

Syllabus

<p>Appeal (218)—Requisites—Garnishment Proceedings—Notice op. Appeal—Service. On appeal by a garnishee defendant alone, notice of appeal to the original judgment defendant is not necessary.</p> <p>Insurance (122)—Indemnity Insurance—Contract—Construction—Liability. A policy of casualty insurance issued to an automobile owner, which provided that the insurer would defend him against suits! for damages, and also that no action would lie against the insurer under the policy unless brought by and in the name of the assured for loss actually sustained and paid in money by him in satisfaction of ¿ judgment after actual trial of the issue, constitutes an indemnity and not a liability policy, against which there could be no recourse by a person injured by the assured (Overruling Davies v. Maryland Cas. Co., 89 Wash. 571).</p>