Stransky v. Kousek

1. The policy provided that no action should he maintained against the defendant insurance carrier except to recover “loss resulting from damages assessed by law against the assured.” The insurance company was made a party defendant and defended the action without pleading this provision of the policy in abatement. Approximately four months after the final judgment was entered in the action, the defendant company was permitted to amend .its answer so as to plead this provision in the policy. By failing to plead in abatement and by answering and defending on the merits, the defendant company…