Price, Sullivan and Lewis. The opinion of the court was delivered by Sullivan, J.A.D.
Defendant Unsatisfied Claim and Judgment Fund Board (hereinafter called the Board) appeals from an order directing it to pay $4,625.75 to plaintiff on account of a judgment obtained by plaintiff in a motor vehicle accident case.
On January 21, 1959 plaintiff, owner of a tractor-trailer which he was operating under a leasing agreement with his employer J & R Transport, was involved in a collision with another tractor-trailer owned by defendant Edwin Thuemling, and operated by defendant Eldon Betts. As a result of the accident which happened on Route 22, Lebanon Township, New Jersey, plaintiff's truck was damaged and he suffered personal injuries which allegedly incapacitated him for three weeks. On March 10, 1959 plaintiff filed suit against Thuemling
and Betts, both residents of Iowa, for property damage and personal injuries and, on May 6, 1959, defendants not having appeared or answered, their default was entered.
On May 11, 1959 plaintiff's attorneys wrote the following letter to the Security Responsibility Section of the Department of Motor Vehicles:
We represent Joseph Danisi, who was the owner and operator of a truck, registered in New Jersey, which was involved in a collision on January 21, 1959, in the Borough of Lebanon, on Route 22, New Jersey. The name of the driver of the other vehicle was Eldon Betts, 807 North Illinois Street, Lake City, Iowa and the owner of the other vehicle was Edwin Thuembling of Laurens, Iowa.
At the scene of the accident Mr. Danisi exchanged credentials with Mr. Betts and Mr. Betts advised my client, Mr. Danisi, that he was insured by a liability insurance policy. In reliance upon this representation, we instituted suit against Mr. Betts and Mr. Thuembling. A default has been entered against both defendants based upon their failure to answer the complaint. The default was entered in the Superior Court on May 6, 1959. We have not been advised that the insurance company has disclaimed on the policy, but we wish to serve notice upon the Fund, in accordance with our Rs. 39-6-56, in order to provide for the eventuality that the defendants, Thuembling and Betts are in fact, presently not insured.
Kindly advise whether the form of this letter constitutes notice under the act and if not, kindly forward to me the necessary forms.