JUDGMENTS - DECLARATORY JUDGMENTS - ACTION FOR DECLARATION OF NOINLIABILITY UNDER INSURANCE POLICY

Plaintiff insurance company sought a declaratory judgment that the person to whom its insured had transferred his automobile was not protected by the policy for damages caused to others, such transfer without the consent of the plaintiff being contrary to the terms of the policy. Held, that since by statute the insurer was made directly liable to the injured party, plaintiff was not entitled to a declaration of noncoverage, since it could not isolate one defense and try it in advance, leaving undecided issues involving the negligence of the person to whom the automobile was transferred. New Amsterdam Casualty Co. v. Simpson, (Wis. 1941) 300 N. W. 367.