Pipoli v. United States Fidelity & Guaranty Co.

Suit is on an assigned claim, and the rights of the parties are to be determined as if the assignor were the plain*250tiff. The assignor, one Tedesohi, was the insured under a liability policy for $10,000 issued by defendant. The insured was involved in an accident in which a young woman was seriously injured. It appeared that the insured left Ms car on the highway and another car crashed into it. It was the insured’s contention, maintained throughout,' that he ran out of gas; that when his car stopped he took every possible precaution to make its presence known to other drivers; and that at…