Ohrbach v. Preferred Accident Insurance

On June 8, 1924, the plaintiff was injured while riding in an automobile owned and driven by her son, Samuel Ohrbach, the holder of a liability insurance policy issued by the defendant insurance company. The plaintiff within a few days thereafter instituted an action against her son and recovered a judgment. Execution was then issued against the insured and returned unsatisfied. The plaintiff has brought this action against the defendant insurance company to compel it to pay the amount of the policy which it issued to the insured.

The appellant contends that plaintiff’s success in the action…