Kirchen v. Guaranty National Insurance

REYNOLDS, Chief Judge.

The plaintiffs commenced this action to recover for injuries sustained in an automobile collision allegedly caused by the negligence of the defendant’s insured, Eldon C. Orth. In a decision dated March 14, 1975, this court dismissed the complaint as to Eldon C. Orth and held that Guaranty National Insurance Company (“Guaranty”) was a proper party to the action despite the no action clause contained in the policy issued to Orth. The matters now before the court are the motions of Guaranty to dismiss the complaint on the basis of res judicata and collateral estoppel, to…