Filipp v. Ochoa

WILSON, Justice.

Appeal from judgment of dismissal. Appellant sought recovery for property damage to his automobile. He alleged his insurer, St. Paul Fire & Marine Insurance Company, had paid him the amount of his damages except $50 deductible under a policy of collision insurance; that the insurer thereby became subrogated to this extent, and under the terms of the policy was entitled to assert its cause of action in his name; that the damages were proximately caused by defendant’s negligence.

Appellee filed an unverified plea alleging that on a date nearly one month after the suit was filed,…