Yezek v. Delaware, Lackawanna & Western Railroad

The plaintiff sues in negligence for damage to his automobile sustained in a crossing accident. He carried $50 deductible automobile collision insurance with the Universal Insurance Company, filed a claim and received $245 from it. Instead of taking a receipt and release the insurer took from the plaintiff-*554insured a so-called “ loan agreement,” reciting that the plaintiff-insured had received from the insurer $245 as a loan to be repaid from any recovery from any other person.

The answer for a separate defense alleges that the plaintiff carried such insurance; had been so paid by the insurer;…