Pioneer Casualty Company v. Blackwell

WILSON, Justice.

This is an appeal without a motion for new trial from a judgment in a jury trial. Appellees, having recovered a default judgment in a personal injury action against insured, filed this suit against his automobile liability insurance carrier to recover the amount of the unsatisfied judgment. The insured had mailed the citation in the initial suit to an insurance agency 26 days after it was served, and the agency failed to forward it to appellant’s home office. Appel-lees alleged the agency was authorized by the insurer to receive and forward the citation and petition. The…