Kutza v. Parker

In this appeal from a judgment of the Court of Common Pleas of Lorain County, the following question is posed by counsel for the appellee:

“Does a defense and proof of adjudication and discharge in bankruptcy of an unliquidated claim for personal injuries arising out of a tort action preclude the injured party from obtaining a judgment against the bankrupt-tort-feasor in a civil action, where, at the time the action arose, the bankrupt-tortfeasor was insured under a standard policy of automobile liability insurance?”

For the purposes of this decision, we accept the following statement of facts…