I dissent. I would reverse the judgment, for the reasons expressed by Mr. Justice Patrosso in the opinion prepared by him for the District Court of Appeal in Shapiro v. Republic Indemnity Co., (Cal.App.) 334 P.2d 594.
Schauer, J., concurred.
Appellant’s petition for a rehearing was denied July 29, 1959. Schauer, J., and McComb, J., were of the opinion that the petition should be granted.