Stuart v. Winnie

The first error assigned is that the court erred in striking the designation “The Western Insurance Com*300panies” from the title of the action, as it was stated by the court on the form submitted to the jury for a special verdict. In the summons and in the complaints, which were served on one Rice, a general claim agent of the Western Casualty & Surety Company, the plaintiffs designated, as a party defendant, “The Western Insurance Companies,” which plaintiffs alleged was a foreign corporation that had issued an automobile liability policy to the defendant Winnie. His answers promptly denied…