State & County Mutual Fire Insurance Co. v. Kelly

JONES, Justice.

Relator, State and County Mutual Fire Insurance Company, plaintiff in the underlying suit, sued its insured, Craig Knickerbocker, for a declaration of no coverage on an auto liability policy. After Knickerbocker failed to answer and a default judgment was taken, real party in interest Cherie Peck filed, on the last day of the trial court’s plenary power, a motion to intervene and a motion for new trial. The court subsequently granted both motions. By this mandamus proceeding, State and County Mutual requests this Court to direct respondent, district judge Oliver Kelly, to…