State Farm Fire and Casualty Co. v. Costley

Cathy Costley sued Robert Costley, her father-in-law, for personalty lost in a fire which occurred on Robert’s property. Robert filed a third party action against his son Andy Costley, Cathy’s husband, alleging that Andy’s negligence caused the fire. Andy contacted State Farm, his homeowner’s policy carrier, and made a demand that it defend him in the third party action. Apparently, Andy failed to cooperate with State Farm in defending his suit, and State Farm subsequently filed suit to rescind the policy.

State Farm made ten failed attempts to achieve personal service on Andy Costley before…