E. Raymond Smith, Inc. v. Allstate Insurance

Hall, Presiding Judge.

Defendants in an action for declaratory judgment appeal from the judgment and from the denial of their motions for new trial and judgment n.o.v.

This suit arose out of an automobile collision in which everyone was killed. The representatives of Allstate’s insured have given notice of their intent to sue the estate of the driver of the other car, one Johnson. Allstate brought this action to determine whether Johnson was an uninsured motorist. Johnson was driving a car owned by a dealer who has a garage liability policy with Indiana Lumberman’s Mutual. The jury returned a…