Cohen v. Metropolitan Casualty Insurance

Plaintiff was injured by being struck by an automobile owned by Jeanette Greenberg. He has been unable to enforce a judgment which he obtained against the automobile owner. The owner had a liability policy with this defendant and plaintiff sued to recover under the policy. Defendant in its answer sets up two defenses, (1) that the automobile is a business car instead of a pleasure car as claimed to have been specified in the policy, and (2) that the tort feasor refused and failed to co-operate with this defendant in defending the former action pursuant to the terms of her policy; whereby this…