Bivona v. Allstate Insurance

This is a motion by defendant for an order pursuant to subdivision 2 of rule 107 of the Buies of Civil Practice to dismiss the complaint on the grounds that the plaintiff lacks capacity to sue. Defendant also moves pursuant to section 187 of the Civil Practice Act for a change of venue on the grounds of the convenience of witnesses.

The plaintiff was insured for the same risk by two separate insurance companies. In 1961 an accident occurred which plaintiff reported to the Merchants Mutual Insurance Company, one of the companies, but apparently not to her other insurer, defendant herein. The…