St. Paul Mercury Insurance v. Hurst

The instant appeal arises out of a declaratory judgment action filed by the appellee St. Paul Mercury Insurance Company (St. Paul) to determine whether a policy of insurance sold to William A. Mimick (Mimick) was properly canceled for nonpayment of premium and therefore not in force and effect at the time Mimick was involved in an automobile accident with John P. Hurst (Hurst). Appellants Mimick and Hurst joined Mark Boettcher (Boettcher) and Weerts-Boettcher Company (Weerts Co.) as additional parties, claiming that if in fact the policy had been canceled, it was due to the negligence of the…