Pawlowski v. Eskofski

In the view we take of the case only two assignments of error need be considered. These are that the court erred (1) in overruling the plea in abatement *192and (2) in not dismissing the case on the merits for want of evidence to support the verdict.(1) The plea in abatement was based on a provision of the insurance policy that no action should be brought upon it until after the liability of the insured had been determined by judgment after trial, or by agreement with the written consent of the insurer. There was no such agreement. The policy was issued and the accident involved occurred prior to…