Cooper v. Commercial Casualty Insurance Co.

This action was commenced against John Froelke and the Commercial Casualty Insurance Company to recover damages sustained by plaintiff by reason of the negligence, on October 18, 1930, of John Froelke while driving a Nash automobile. The complaint alleged that the Commercial Casualty Insurance Company had issued a policy to John Froelke, and “that by reason thereof” the insurer “is liable to the plaintiff to the extent named in the policy.” John Froelke answered by denying liability to plaintiff. He did not file any cross-complaint nor seek any relief against the insurance company. In its…