Drug, Cosmetic & Beauty Trades Service, Inc. v. McFate

JACOBSON, Presiding Judge.

This special action arises out of litigation involving a claim by insured beauty salon operators (the respondents Smagacz) that their enterprise liability insurer wrongfully failed to settle a customer’s claim within policy limits. The specific question now before us is whether the petitioner, a claims investigating and evaluating concern which was brought into the case by amendment to a complaint originally seeking relief only against the insurance company is entitled to dismissal by reason of the statute of limitations.

On April 1, 1958, the respondents Smagacz…