Lack of passive litisconsorci necessary to sue the insurance company only in a traffic accident

The High Court by judgment dated 26/3/09, speaker E. Amat (Aunt TSJC-282/08) revoke the sentence of instance in which officially appraised a defect in the constitution and the lack of respect for procedural litisconsorci passive necessary because the agent had not addressed the action against the insured, to understand the existence of a relationship of solidarity between those who caused the damage and the insurance company that was driving the vehicle, with respect to the damages caused to the plaintiff.

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