Petersen v. Preferred Accident Insurance

The opinion of the court was delivered by

Case, J.

Having previously obtained a $10,000 judgment against Michael King for injuries received in an automobile accident, plaintiff sued The Preferred Accident Insurance Company of New York, appellant herein, as King’s insurer and got judgment for $5,797.72, the maximum recoverable under the policy.

Two questions were fully tried out and put to the jury in the instant suit: First, was Michael King an insured under the policy? and, second, if an insured, did he forfeit the indemnification because of lack of co-operation with the insurer in the defense…