Allstate Insurance Co. v. Watson

On Petition To Transfer

DICKSON, Justice.

This is an appeal from the trial court's denial of a motion for relief from default judgment. The Court of Appeals affirmed the trial court's order in an unpublished memorandum decision. We grant transfer, reverse the trial court's decision, and hold that a default judgment must be set aside under Indiana Trial Rule 60(B)(B) where, during negotiations, the plaintiffs attorney disregarded a prior assurance to the defendant and obtained a default judgment.

On December 20, 1995, the plaintiffs-appellees, Kenneth and Virginia Watson, filed a complaint that,…