National Surety Corporation v. O'DELL

Sognier, Judge.

Larry O’Dell brought suit against “John Doe” to recover damages resulting from a vehicular accident in which he alleged that the unknown motorist failed to yield the right of way or stop at a stop sign, causing O’Dell, who was driving his employer’s dump truck, to swerve and crash. O’Dell served National Surety Corporation, the employer’s uninsured motorist insurance carrier, which answered in its own name and denied liability based on the lack of contact between O’Dell’s vehicle and the John Doe vehicle. The trial court denied the insurer’s motion for summary judgment and we…