Schoelen v. Fidelity & Casualty Co.

TATE, J.,

dissents in the belief that no reasonable cause is shown for the defendant insurer’s excuse of non-payment prior to trial, in view of the indisputable showing of the uninsured motorist’s legal liability for the daughter’s death.

DIXON, J., is of the opinion that the Court of Appeal was in error and the writ should be granted. CALOGERO, J., dissents, believing the writ should be granted.