Cunningham v. Miller's General Insurance

On December 19, 1988, the circuit court of Macon County vacated a default judgment entered against defendant Miller’s General Insurance Company. Plaintiffs John and Cora Cunningham appeal this determination.

On March 2, 1987, plaintiffs’ home suffered severe fire damage. Their home insurance carrier was defendant. After an extensive exchange of information, defendant denied coverage. Accordingly, on February 9, 1988, plaintiffs filed suit against defendant. Summons was served on defendant on February 23. No answer was filed, and on April 8, 1988, plaintiffs moved for and received a default…