Smith v. Phoenix Indemnity Co.

Caffrey, S. C. C.

This is an action by Charles W. Smith (hereinafter referred to as plaintiff) against the Phoenix Indemnity Company (hereinafter designated as defendant), based upon chapter 153 of the laws of 1924, which provides generally for the right of action against the insurance carrier.

The primary suit (hereinafter referred to as former suit) was instituted in the Bergen County Circuit Court, and in that action Charles W. Smith and Grace Lee Smith (his wife) sued Jean Storms. The automobile of Jean Storms was insured for public liability and property damage by the present defendant…