200 Wis. 628 | Wis. | 1930
The policy must be considered as if it contained the provision “that the insurer shall be liable to the persons entitled to recover for the death of any person . . . caused by the negligent operation, maintenance, use or defective construction of the vehicle described therein, such liability not to exceed the amount named in said . . . policy.” Sec. 85.25, Stats.
The policy contained no provision that injured persons, who were given a right of action against the insurance carrier by sec. 85.25 of the Statutes, should not maintain such action until liability was determined by final judgment or agreement of the parties, as in Morgan v. Hunt, 196 Wis. 298, 220 N. W. 224. In the absence of such a provision in the contract of insurance, sec. 85.25 gives the injured person the right to join the insurance carrier with the assured as a defendant in the same action. Morgan v. Hunt, 196 Wis. 298, 301, 220 N. W. 224.
In every case in which this court has construed sec. 85.25 it has been held that such a provision as that contained
The rule to be gathered from all these decisions is that “in all cases where the parties do not see fit to make an agreement to the contrary in the contract, the insured and the carrier may be joined as defendants in the same action.” Morgan v. Hunt, 196 Wis. 298, 301, 220 N. W. 224. The parties not having made such an agreement in the contract here under consideration, the plaintiff had the right to join the insurance company as a defendant.
By the Court, — Order affirmed.