COOK ET AL. v. RESOLUTE INSURANCE CO.


78 Pa. D. & C. 371 (1952)

Cook et al. v. Resolute Insurance Company

Common Pleas Court of Lehigh County, Pennsylvania.

February 25, 1952.


Attorney(s) appearing for the Case

Steigerwalt & Riley, for plaintiffs.

M.L. Shafer, for defendant.


HENNINGER, P.J., February 25, 1952.

Plaintiffs brought an action against defendant upon a policy of automobile collision insurance. Defendant demanded proof of the allegations showing liability, averred payment of the policy to a subrogee of plaintiffs, and in new matter averred that individual plaintiff had defaulted in his lease of the automobile involved and thereby forfeited his interest in the policy.

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