Derryberry v. Pratt

OPINION

TODD, Judge.

Aetna Insurance Company, uninsured motorist insurer of plaintiff, has appealed from the refusal of the Trial Judge to set *924aside a default judgment against an alleged uninsured motorist and in favor of plaintiffs.

This suit was filed by three plaintiffs against Paul W. Pratt for injuries and damages in an automobile collision allegedly resulting from the negligence of Pratt. Process was regularly issued and served upon Pratt.

A summons was also issued against and served upon Aetna Insurance Company. Aetna Insurance Company was not named in the complaint; no right was asserted…