Wieding v. Krisch

POPE, Justice.

One question is presented by this appeal. When an insured person sues a third person, is his claim destroyed when his liability insurer, unknown to the insured, takes a release from the third person upon settlement of a claim by the third person against the insured? The trial court held that the release was not a bar to the insured’s suit against the third person and gave the plaintiff judgment for $375.50.

The driver of Mrs. Lydia Krisch’s automobile collided with the vehicle operated by Orville L. Wieding on July 31, 1953. She filed suit for damages to her vehicle in September,…