Claim of Beekman v. W. A. Brodie, Inc.

If what is said in the opinion in O’Brien v. Lodi (246 N. Y. 46) is to be applied literally to the facts in this case, then there can be little doubt that the award should be reversed. But we must consider the question actually decided in the O’Brien case in giving effect to the language, “If he settles, as he has a right to do, his cause of action with the third party without the consent of the insurer, he loses his right to the deficiency.”

*207The question decided was that where an employee was injured by the negligence of a third party, and had filed an election to sue and had brought an…