Allstate Insurance v. Royal Guardian Insurance Co. of Canada

OWEN, Chief Judge.

Allstate Insurance Company paid a judgment against its insured, National Car Rental Systems, Inc.,1 for liability arising out of the ownership of an automobile operated by one Smith. Because the judgment which it paid was in excess of its policy limits, Allstate brought the present action against the estate of the deceased driver and his liability insurance carrier, seeking indemnification for the excess. This interlocutory appeal is from an order granting the defendants’ motions to abate for lack of jurisdiction over the person of the defendants.

The only issue argued on…