Smith v. Commercial Union Assurance Company

Deen, Chief Judge.

This case represents an appeal by the insured Smith from the grant of a motion to dismiss the defendant Commercial Union, his automobile insurer who was named a defendant in a suit for damages. Smith’s bodily injury claim resulted from a collision between his automobile and that of one Samuel Lee Brown. Brown, a named defendant, could not be found for service, whereupon Smith had the appellee, his own uninsured motorist insurer, served with process. Commercial Union filed both an answer and a motion to dismiss it as a defendant. The motion was granted and Smith appeals.

It…