Warren v. Kirwan

MAUS, Judge.

This appeal involves the respective rights of an insured owner and his collision coverage insurer to maintain an action against a tort-feasor defendant based upon damage to the insured’s automobile. In this action the plaintiff, insured owner, in substance alleged: that while his automobile was being driven by a bailee the defendant tort-feasor negligently caused his pickup truck to collide with that automobile damaging the same in the amount of $1928.15; that by reason of loss of use he had expense of $1450.00; and he prayed judgment for a total of $3378.15. The defendant moved…