Wheeler v. Allstate Insurance Co.

DIES, Chief Justice.

J. B. Hearn, Opal Hearn, and Ola Mae Wheeler, as plaintiffs below, brought suit for damages against Jerry Ellisor, defendant below, because of an automobile collision plaintiffs had with Katie Walker Elli-sor, defendant’s deceased wife. The collision occurred on the 21st of April, 1973.

Citation was served upon Ellisor, defendant, on July 16, 1974. Defendant failed to answer, and a default judgment was entered awarding each plaintiff monetary damages.

Defendant was covered by a policy of automobile liability insurance with Allstate Insurance Company, which in February 1975,…