Hayden v. Gokenbach

Plaintiff appeals an order of the Macomb Circuit Court quashing service of process by substituted means and dismissing the complaint. This case questions whether service of process may be made on a missing defendant by obtaining substituted service on the insurer which ultimately will be liable should plaintiff prevail. We respond affirmatively and remand.

Plaintiff, Kermit Hayden, was an independent trucker who owned his own tractor-trailer. He was hired to deliver goods by American Red Ball Van Lines. Appellee Hartford Accident & Indemnity Company had issued a liability insurance policy to…