Emery v. Litchard

Plaintiff brings this action to recover damages for personal injuries and for damage to his automobile claimed to have been caused by the negligent operation of an automobile owned and operated by the defendant.

Defendant’s answer contains the following allegation:

“ Fourth. This defendant, further answering said complaint and as a defense and bar to any cause of action therein set forth, alleges upon information and belief, that heretofore and prior to the commencement of this action, a duly accredited agent of the Merchant’s Mutual Casualty Co., which Company was an insurer of the plaintiff…