25. Suit was instituted in the United States District Court for the Western District of Pennsylvania at Civil Action No. 60-42 and a judgment was entered against Rudolph Joseph in the sum of $ 76,263.93.
26. Adequate notice of the accident of October 1, 1959, was given to the insurance company.
27. Policy No. 10 AZ392423 was in effect when the accident occurred and said policy provided coverage for Joseph's liability, limited to the policy limits.
28. The liability of garnishee is $ 10,000 on the personal injury claim and $ 1,000 on the property damage claim, or a total of $ 11,000.
CONCLUSIONS OF LAW
1. Jurisdiction exists in this Court.
2. Policy No. 10 AZ392423 issued by the Hartford Company to Joseph Rudolph was a binding contract as of October 1, 1959, and was not canceled by either party or their agents under New York statutory law.
3. The statements made by the insured, Joseph Rudolph, as to age and use of his motor vehicle were not material misrepresentations which voided Policy No. 10 AZ392423.
4. Request for termination of the insurance policy by one Everitt J. Hehn is not legally deemed a request on the part of the insured for cancellation of his liability insurance policy.
5. The use of the automobile involved in the accident was a use contemplated under the policy.
6. Everitt J. Hehn was not an agent of Joseph.
7. The automobile that was being driven by the insured on October 1, 1959, was a replacement vehicle as contemplated by the language of the insurance policy and the destruction of the insured's vehicle made said insurance have application to the vehicle which the insured was driving at the time of the accident.
8. Whether or not the automobile driven by Joseph Rudolph on or about October 1, 1959, was being driven with the permission of the owner is immaterial to whether or not coverage existed under said insurance policy.
9. Under the terms of Policy No. 10 AZ392423, Joseph Rudolph was fully insured despite the fact that the automobile driven by Joseph Rudolph on October 1, 1959, was not specifically described therein.
10. The fact that Joseph Rudolph moved without leaving a forwarding address does not constitute a violation of the policy which would result in its termination.
11. The laws of the State of New York in effect on October 1, 1959, provided for a twenty-day notice of termination to the insured by the insurer, except where the cancellation was for non-payment of premium in which case ten days' notice was sufficient.
12. The Hartford Accident and Indemnity Company failed to give twenty days' notice of cancellation of the liability insurance policy to Joseph Rudolph as required under New York law at the time that the cancellation notice was given.
13. Policy No. 10 AZ392423 was in effect when the accident occurred and provided coverage for Joseph's liability, within the policy limitations.
14. Interest is payable from the date of the judgment against Joseph and not merely from the date judgment is entered in this proceeding.
And now, this 23rd day of September, 1963, judgment is entered in favor of the plaintiff, Dorothy Ruth Densmore, Administratrix of the Estate of Robert Densmore, deceased, and against garnishee, Hartford Accident & Indemnity Company, in the amount of $ 11,000 plus costs plus six per cent interest on $ 11,000 from the date of judgment in Civil Action No. 60-42, May 22, 1961.