Cook v. Fogelsonger

Nationwide Insurance Company (herein called “Nationwide”), the third-party defendant, moves under (1) rule 106 of the Rules of Civil Practice, to dismiss the third-party complaint upon the ground that it fails to state a cause of action, and if denied, (2) rule 107, for its dismissal upon the ground that the third-party plaintiff, Arthur Fogelsonger (herein called “ Fogelsonger ”) does not have “ legal capacity ” to sue.

The third-party complaint alleges: That Nationwide issued a liability insurance policy to Fogelsonger numbered 66-91-259 covering his Pontiac automobile, effective November…