Zappia v. Allstate Insurance

Motion pursuant to rules 113 and 104 of the Rules of Civil Practice is denied.

This is an action against an automobile liability insurer on judgments obtained against the insured, one Martin Kahn. In the action against Kahn no one appeared on his behalf. An inquest was held on November 3, 1960 and the judgments in favor of the three plaintiffs were entered on December 8, 1960.

The defendant in its answer, in addition to various denials, pleads as a defense that Martin Kahn failed to comply with the policy of insurance in that he did not forward to it, the insurer, any “ suit papers, notices of…