Savior

Appellant Paul M. Savior was involved in an accident with a car driven by Anne Pisano. She and her husband owned an insurance policy issued by respondent. The latter filed a complaint seeking declaratory relief that the car being driven by Mrs. Pisano was not covered by the policy. The Pisanos and appellant were named as defendants; the Pisanos’ default was entered. Appellant answered asserting as affirmative defenses that respondent lacked standing to sue with its present attorney due to “conflict of interest” and that the action was barred by laches.

The trial court, apparently believing that there was no right to a jury trial because the action was in declaratory relief, granted the motion of respondent, made on that ground, to strike appellant’s demand for a

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The matter was thereupon tried to the court. Respondent put on a witness who testified to facts indicating that the automobile in question was never insured under its policy until after the accident in question. Appellant’s renewed motion to continue the matter until the Pisanos could be located was denied. Appellant put on no evidence, although given the opportunity to do so. The court found in favor of…