Rosen v. United States Fidelity & Guaranty Co.

Plaintiff was injured in an automobile accident on Feibraury 7, 1959 involving plaintiff’s vehicle and one owned and operated by Clarence Ellington, who was then insured by defendant, Cosmopolitan Mutual Insurance Co. (“ Cosmopolitan”). An action was commenced against Ellington in July, 1959. Cosmopolitan’s attorney appeared for Ellington and answered. Various proceedings were had in that action, including the service of a bill of particulars, a physical examination and an examination of plaintiff before trial.

However, Ellington failed to appear to be examined, pursuant to plaintiff’s notice…