Maryland Casualty Co. v. Blue Bird Coach Lines, Inc.

This .is an application for an order pursuant to CPLR 603 for a separate prior trial of the issues raised by an affirmative defense of settlement and compromise, to be tried prior to the issue raised by the complaint, and, also, for relief pursuant to CPLR 3103 for a protective order against an examination of defendant’s books pending the determination of the issues raised by the affirmative defense, if the same be separately tried.

The plaintiff has brought an action against the defendant to recover moneys for insurance premiums allegedly due and owing and arising out of a policy of motor…