Barrett v. Matson

This is a negligence action wherein the defendants’ answer includes two affirmative defenses to the effect that the plaintiff is not the real party in interest, and that plaintiff has *864not suffered damage, in that he has already received payment for the loss of his automobile.

The defendants seek to examine the plaintiff before trial on the question of whether or not the plaintiff carried collision insurance and, if so, whether or not any payment has been made thereunder.

If, in fact, the plaintiff did carry collision insurance and the carrier had paid all or part of the plaintiff’s claim, then…