United States Fidelity & Guaranty Co. v. Cascio

DEVANY, Justice.

Peggy Cascio, appellee, sued Mary Neal, the alleged tortfeasor in this cause, for injuries sustained in an automobile collision. Cascio joined the United States Fidelity and Guaranty Company (USF & G), appellant, her insurance company, under the underinsured motorist provision of her policy. USF & G did not file an answer, allegedly because of improper service of citation. In the meantime, Cascio dismissed Mary Neal from the cause with prejudice in an order which reads in pertinent part:

IT IS THEREFORE ORDERED, ADJUDGED, and DECREED, that the Plaintiffs cause of action against…