Duncan v. State Farm Mutual Insurance

State Farm Mutual Insurance Company moves the court to dismiss Wilhelmina Duncan's appeal from an order dismissing her claims against it. Duncan was a passenger in a car driven by Karen Stewart, who is insured by Heritage Mutual, when that car was involved in an accident with a car driven by State Farm's insured, William Freund. Apparently, Duncan did not obtain proper service on State Farm and her claims against it were dismissed in July 1991. At the time Duncan's claims were dismissed, Heritage's cross-claim against Freund and State Farm for contribution was pending. The jury found Freund…