Lilienthal v. Carolina Insurance Co.

LORING, Justice.

This is an appeal- from an order setting aside a dismissal.

June 19, 1930, plaintiffs house and household goods were destroyed by fire. Her property was insured with the defendant. She made claim under her policies, and it was rejected. The defendant settled with her mortgagee, and she sought to have her attorney bring suit, which he finally did on June 9, 1932, by serving upon the insurance commissioner. An answer was interposed, but plaintiff was apparently unable to get her attorney to move and engaged another firm of lawyers, who brought suit and at the same time served a…