Bennett Estate v. Travelers Insurance Co.

This is an appeal from an order that dismissed plaintiffs’ action on the ground that it is based on an invalid judgment order. The judgment order in question, a default judgment dated January 20, 1974, awarded plaintiffs’ decedent, Victor A. Bennett, damages for injuries sustained in a collision against the driver of the other car. Subsequently, alleging that the driver was insolvent, plaintiffs’ decedent, later replaced by plaintiffs, brought this action upon the 1974 judgment against the driver’s insurer. See 8 V.S.A. § 4203(3). At a hearing in chambers on the later action, the superior…