Napier v. Banks

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Madison County.

On December 26, 1960, the defendant, Dolores Banks, was involved in an accident which resulted in a substantial judgment against her. At the time, she was operating a 1957 Plymouth owned by her father, Frank Pennington, who carried insurance with Nationwide Mutual Insurance Company.

However, the primary bodily injury coverage of Na- tionwi.de was insufficient to satisfy the judgment obtained by the plaintiff, William J. Napier, and he proceeded by supplemental petition against the…