#### Accident and Casualty Insurance Company of Winterthur, Switzerland, Appellant, v. Nicholas Pierre, Sidney J. Peers, Administrator of Estate of William Atley Peers, Deceased, and Robert Eckert, Minor, Appellees.

Gen. No. 44,337.

*52Hinshaw & Culbertson, for appellant;

Oswell G. Treadway, of counsel;

John A. Brown and Charles C. Kirk, for appellee.

Opinion filed June 14, 1949;

rehearing denied November 23, 1949;

released for publication November 23, 1949.

Opinion by Not to be published in full.

Justice Friend.