Gallant Insurance Co. v. Toliver

SHARPNACK, Chief Judge.

Gallant Insurance Company (“Gallant”) appeals the denial of its motion to set aside the default judgment in the case of Leah Toliver against Thomas Rickelman for damages resulting from a car accident. The sole issue for our review is whether the trial court erroneously denied the motion. We reverse.

The relevant facts are undisputed. In August of 1995, Toliver was a passenger in a car that was struck by Rickelman. Mary Ann Walden, Toliver’s mother and the driver of the car in which Toliver was riding, carried automobile insurance with Gallant which included uninsured…