Kentucky Farm Bureau Mut. Ins. Co. v. Miles

STEWART, Justice.

The question raised on this appeal is whether the breach by the insured of certain conditions subsequent contained in an automobile liability policy may be relied on as a defense in an action brought by the injured person against the insurer.

The facts, developed solely by the pleadings, disclose that on February 27, 1952, ap-pellee, Raleigh Miles, sued Luther Perry to recover alleged damages of $750 arising out of a collision between automobiles owned by appellee and by Perry. The latter did not ’appear and defend the action, so that a judgment pro confesso was entered May 5,…