Jenkins v. State & County Mutual Fire Insurance Co.

OPINION

ANNE GARDNER, Justice.

This is a suit by a judgment creditor to collect a default judgment under an automobile liability policy. It is undisputed that the additional insured against whom the default judgment was rendered failed to notify the insurer of the lawsuit filed against him. It is further undisputed that the insurer had actual knowledge of the suit. The question is whether the insurer is liable for the default judgment rendered against the additional insured. We answer “no” and affirm the trial court’s grant of summary judgment in favor of the insurer.

Background

Except as noted…